1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. COMPANY PETITION NO.1262 OF 1999 Tata Iron & Steel Co.Ltd. ...Petitioner. Versus M/s.Semco Profiles Pvt.Ltd. ...Respondent. ....... Mr.Avinash Joshi i/b. Mulla & Mulla for the Petitioner. None for the Respondent. ...... CORAM : DR. D.Y. CHANDRACHUD, J. November 4, 2009. P.C.: The claim, which forms the basis of the Company Petition for winding up under Sections 433 and 434 of the Companies' Act, 1956, is in respect of goods sold supplied and delivered by the Petitioner to the Respondent. Between July and September 1997, in pursuance of purchase orders of the Company, the Petitioner supplied diverse quantities of steel plates to the Company. The goods were duly accepted by the Company. The Petitioner raised invoices. Thereafter, the Company issued cheques on 29th September 1997 which were dishonoured upon presentation. By its letter dated 30th October 1997, the Company admitted its dues, but asked for time to 2 pay the outstandings. The outstandings have not been paid despite a further acknowledgment dated 29th November 1997. A statutory notice under Sections 433 and 434 was addressed on 17th July 1998 to which there is a reply dated 2nd September 1998. The Petition was dismissed on 30th October 2001 by a Learned Single Judge. There is a noting on the daily board to the effect that in pursuance of the order passed by the Division Bench in Appeal 23 of 2002, the Company Petition was admitted on 3rd May 2002. Counsel appearing on behalf of the Petitioner has also confirmed this position. An affidavit of publication has not been filed. There is no reply to the Company Petition. In these circumstances, it is evident that the Company is unable to pay its debts. The Company has acknowledged its liability. The Company Petition is accordingly made absolute in terms of prayer clauses (a) and (b). .....