1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.521 OF 2000 M/s.Bennet Coleman & Co. Ltd. ....Petitioner V/s. Elan Advertising Pvt. Ltd. ....Respondent Mr.Pritesh Rajgor i/b DSK Legal for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 21ST JUNE, 2010. P.C. :- 1. This is a Petition for winding up of the Respondent Company on the ground that the company is unable to pay its debts. 2. According to the Petitioner, the company is indebted to it in the sum of over Rs.50,00,000/-. The claim arises on account of the advertisements inserted at the request of the company on behalf of the clients of the company. The same was done under 33 written contracts as evidenced by the release orders and invoices. An amount of Rs. 22,32,836=60 was due and payable in respect of the advertisements published by the Petitioner at the Bombay office. An amount of Rs. 5,94,451=49 was due and payable in respect of the advertisements published by the Petitioner at the Delhi office. 3. There was no reply to the statutory notice and request for payment. The postal acknowledgment indicates that the Respondent was 2 not traceable and was therefore returned to the sender. The affidavit of one Mangesh Yelve establishes that the company was sought to be served with the statutory notice at the registered office. However, the office was closed and the person present there refused to divulge his identity or to accept the notice. The defence regarding non-service of the statutory notice is therefore rejected. 3. In the affidavit in reply, the company denied the receipt of the invoices. However, apart from mere denial, there is nothing to establish the same. In fact in the affidavit in reply, the company has stated that as per the alleged contracts, the company was to get certain incentives/trade discount in respect of the said advertisements. There is nothing to establish such practice. 4. The company has remained absent, though the matter was called out three times. In the circumstances, the company has not succeeded in raising a bona-fide dispute. 5. In the circumstances, the Company Petition is made absolute in terms of prayers (a) and (b). 6. The Company Petition is accordingly disposed of.