-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.139 OF 2008 In the matter of winding up of M/s.Allied Digital Services Ltd. Pramod Kamal Kishore Agarwal, Proprietor of M/s.Pitroshni Corporation : Petitioner ... Mr.P.H.Chandu i/b. Mr.S.M.Jain for the petitioner. ... CORAM : S.A.BOBDE, J. DATE : JULY 31, 2008. P.C. 1. This is a petition for winding up under sections 433 and 434 of the Companies Act, 1956. The petitioner has claimed unpaid price of computer peripherals supplied to the company in the sum of Rs.3,00,230/-. The amount is said to be due under the foot of the account. 2. On 9.7.2007 the petitioner issued notice through an Advocate alleging that the respondent has utilised goods received from the petitioner but has not paid for the same. The petitioner demanded a sum of Rs.3,01,441.12 together with interest at 18% per annum. The respondent replied on 23.7.2007 not denying the transaction, but -: 2 :- claiming that they have been making payment to the petitioner. According to the respondent, they are liable only to pay the current bill of Rs.32,842.16 and not the amount claimed. As regards the larger claim, the respondent stated that they were not aware that a sum of Rs.3,01,441.12 is due and payable by them at the foot of the petitioner’s account. Thereafter, the petitioner sent another notice dated 10.10.2007. In the said notice, the transaction is specified in detail and in paragraph 8, the petitioner offered to give inspection of documents. This was apparently not replied to. Thereafter, the petitioner issued the last and final notice dated 23.10.2007 claiming a sum of Rs.3,00,230/- with interest at 18% per annum. The petitioner has filed the acknowledgement of the said notice at exh.‘D-1’. Before this Court, the respondent has not chosen to appear, in spite of service. The petitioner has filed an affidavit of service. 3. Having regard to the circumstances of the case, there is reason to believe that the respondent-company is unable to pay its debts. Hence, the respondent-company is directed to deposit in this Court Rs.3,00,230/- within a period of eight 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 -: 3 :- Maharashtra Government Gazette. The petitioner shall deposit an amount of Rs.10,000/- with the Prothonotary & Senior Master 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. 4. In case the said amount is so deposited as directed hereinabove, the Company Petition to stand dismissed and the petitioner to file a suit within a period of four weeks from the date of the communication of the deposit by the Advocate for the respondent to the Advocate for the petitioner. If such a suit is filed, then the deposit will go to the credit of the said suit. The Prothonotary & 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 company will be at liberty to withdraw the amount after the expiry of the aforesaid period. 5. The Advocate for the petitioner to communicate this order to the company within a period of two weeks from today. -: 4 :- S.A. BOBDE, J.