1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 649 OF 2001 SM Energy Teknik & Electronics Ltd. ... Petitioner Vs Gallops Texts (Bombay) Pvt. Ltd. ... Respondent Mr. H.S. Khokawala i/b Nankani & Associates for the Petitioner. Mr. for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 22ND JUNE, 2010. P.C. : 1. This is a Company Petition for winding up the company on the ground that it is unable to pay its debts. According to the Petitioner, the company is indebted to it in the sum of Rs.8,00,000/- together with further interest. 2. The claim arises in respect of balance consideration of a machinery supplied by the Petitioner to the Respondent-company. The transaction is not denied. The receipt of the machinery is not 2 denied. There was no protest as regards the quality of the machinery till after the Petitioner demanded payment of the balance consideration. If the machinery was defective as alleged in the affidavit-in-reply, the company surely would have recorded the same. It is important to note that the total price was over Rs.32,11,614/-. The company paid a sum of about Rs.24,00,000/-. There is nothing on record which suggests that any grievance was made prior to the demand for the balance consideration by the Petitioner. In the circumstances, there is no bona fide dispute in respect of the claim. 3. The petition was admitted by an order dated 11th January, 2002. Even at that stage, the learned Judge had come to the same conclusion. The company was granted an opportunity of depositing the said sum of Rs.8,00,000/- within eight weeks. The company has failed to do so. 4. In the circumstances, the Company Petition is made absolute in terms of prayers (a) and (b), which read as under :- “(a) the Company i.e Gallops Texts (Bombay) Private Limited be wound up under the provisions of the 3 Companies Act, 1956 by and under the orders and directions of this Hon’ble Court. (b) that the Official Liquidator of this Hon’ble Court be appointed Liquidator of the Company i.e. Gallops Texts (Bombay) Private Limited with all powers under the Companies Act, 1956.” 5. The company shall also pay the Petitioner costs fixed at Rs. 5,000/- which the Petitioner is at liberty to recover in the winding up proceedings.