1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 403 OF 2009 M/s. Advance Advertisers. ... Petitioner Vs M/s.Star and Style Furnitures Pvt. Ltd. ... Respondent Mr. Manoj Agre i/b G.B. Kedia for the Petitioner. None 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. 2. According to the Petitioner, the company is indebted to him in a sum of Rs.9,00,000/- together with interest thereon in respect of the hoardings displayed by the Petitioner on behalf of the company. The Petitioner raised an invoice dated 16th October, 2006 in respect thereof. Having failed to pay the balance, the Petitioner addressed a 2 statutory notice to the company dated 21st October, 2008 at their corporate address. Thereafter, the Petitioner addressed a statutory notice dated 6th February, 2009, on the registered office of the company. There were no replies to either of these notices. 3. The company was absent when the petition was admitted by an order dated 17th July, 2008. The company is absent even today. There is no affidavit-in-reply. The service under Rule 28 was returned with the endorsement “Not found”. The affidavit of service filed by the Petitioner indicates that the company accepted the service which the Petitioner had sent by courier. There is nothing to indicate that the address is not the registered office of the company. It appears, therefore, that the company is merely avoiding service. 4. The company has been granted several opportunities to make payment. There is no defence bona fide or otherwise to the Petitioner’s claim. In the circumstances, the Company Petition is made absolute in terms of prayers (a) and (b) which read as under :- “(a) that the Company M/s. STAR AND STYLE FURNITURE PRIVATE LIMITED, be wound up by and 3 under the Order and directions and supervision of this Hon’ble Court under the provisions of the Companies Act, 1956. (b) that the Official Liquidator, High Court, Bombay, be appointed Liquidator of the entire assets, properties, affairs and records of the Company.” 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.