1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 31 OF 2010 Jaydeep Agencies .. Petitioner Versus M/s Mash Organic Limited .. Respondent Mr. Abhay Pande for the Petitioner CORAM : S. J. KATHAWALLA, J. DATE : 7th March, 2010 P.C.: 1. By this Company petition, the petitioner is seeking winding up of M/s Mash Organic Limited (the Company). 2. According to the petitioner, the petitioner has sold and supplied industrial material i.e. Benzoic Acid Technical Grade to the Company, pursuant to the orders placed by the Company. Typed copies of the orders placed by the Company dated 20.11.2006, 29.12.2006 and 15th January, 2007 are annexed and marked as Exhs. A, B and C respectively to the petition. Invoices raised by the petitioner dated 20.11.2006, 29.12.2006 and 16.1.2007 are annexed and marked as Exhibits D, E and F respectively to the petition. 2 3. According to the petitioner, goods were received by the Respondent without any reservation as to the quality or quantity. The Officers of the Respondent Company promised that they will release the payments immediately. However, they failed to perform their promise and no payments are made in respect of the invoices raised by the petitioner. 4. According to the petitioner, the petitioner, through its Advocate, issued a statutory notice to the Company dated 3rd June, 2009 calling upon the respondent Company to pay to the petitioner an amount of Rs.2,55,190/- with 21% interest thereon within 21 days from the receipt of the statutory notice. The respondent Company, despite having received the statutory notice, failed and neglected to reply to the said notice and or to make any payment as called upon by the petitioner. 5. The petitioner, therefore, filed the present Company Petition, a copy of which is served on the Company, as set out in the affidavit proving service dated 11th March, 2010. Despite service, the company has not come forward to defend the Company petition. In the circumstances, it is established that the petitioners have sold and supplied the aforestated goods to the Respondent Company of the value of Rs.2,55,190/-. The Company has failed and neglected to make any payment due to the petitioner. The Company has not replied to the statutory notice nor has the Company come forward to defend the petition. 3 In view thereof, all that is stated in the Company has remained uncontroverted. I am therefore satisfied that the Respondent Company is unable to pay its debts. The Company Petition is therefore, admitted and made returnable on 15th May, 2010. 6. The Petition shall be advertised by the Petitioner in two local newspapers, namely “Free Press Journal”, “Maharashtra Times” and in the Maharashtra Government Gazette. The Petitioner shall, within a period of two weeks from today, deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master towards the publication charges, with intimation to the Company Registrar, failing which the Petition shall stand dismissed for non-prosecution. 7. Copy of this order shall be forthwith delivered by the Petitioner to the Company at its registered address. (S. J. KATHAWALLA, J.)