:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 678 OF 2008 COMPANY PETITION NO. 678 OF 2008 COMPANY PETITION NO. 678 OF 2008 M/s. Haldyn Glass Limited ..Petitioner versus M/s. Agog Pharma Limited ..Respondent Mr. Sunil Moholkar i/b. Pillai & Co. for the Petitioner. None for the Respondent Company. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 19TH SEPTEMBER, 2008. DATE : 19TH SEPTEMBER, 2008. DATE : 19TH SEPTEMBER, 2008. P.C. P.C. P.C. . . . Heard learned counsel for the petitioner. 2. This is petition for winding up of the respondent company. The respondent company has refused to accept the notice, hence it must be taken as served. 3. The petitioner has a demand of about Rs.1,37,841.12 paise with interest on account of various glass bottles supplied as per orders placed by the respondent company. The petitioner sent a :2: statutory notice dated 5.11.2007 making a claim and stating that the consignments were received by the respondent company without any complaint regarding quality, quantity and costs. The reply of the respondent company is dated 17.12.2007 vide Exhibit ’E’, wherein the company does not refer to any specific complaint. It only makes a claim for alleged loss on account of non delivery in time. There is no reference to any communication in which such a complaint has been made. 4. None appears for the respondent nor is any affidavit in reply filed. The allegations in the petition must be taken as admitted. 5. Having regard to the circumstances hereinabove, the respondent company is directed to deposit a sum of Rs.1,37,841.12 paise before the Prothonotary & Senior Master of this Court within a period of ten weeks from today, failing which the Company Petition shall stand admitted and the petitioner shall advertise the petition in two local newspapers, viz., "Free Press Journal", "Maharashtra Times" and in the Maharashtra Government Gazette. The petitioner shall deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master :3: towards the publication charges within three weeks from the date of default with an intimation to the Company Registrar, failing which the petition shall stand dismissed for non-prosecution. 6. In case the said amount is so deposited, as directed hereinabove, the Company Petition shall stand dismissed and the petitioner may file a suit within a period of four weeks from the date of the communication by the respondent company to the Advocate for the petitioner that the money is deposited. If such a suit is filed, then the deposit will go to the credit of the said suit. The Prothonotary and Senior Master, High Court, Bombay, to invest the said amount in Fixed Deposit of any Nationalised Bank for a period of three years initially and to renew the same from time to time till further orders. In the event the suit is not filed within the stipulated period, the respondent company will be at liberty to withdraw the amount after the expiry of the aforesaid period. 7. The Advocate for the petitioner to communicate this order to the respondent company within a period of five weeks from today. :4: (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)