1 rng IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY COMPANY COMPANY PETITION NO.1045 OF 2008 PETITION NO.1045 OF 2008 PETITION NO.1045 OF 2008 In the matter of section 439 of the Companies Act, 1956 M/s Western Metaflux Pvt.Ltd .. Petitioner vs Enkei Castalloy Ltd .. Respondent- Company Mr.S.Patil i.b M/s Sunil & Co for Petitioner CORAM CORAM CORAM : S.J.Vazifdar, J : S.J.Vazifdar, J : S.J.Vazifdar, J DATED DATED DATED : 20th February, 2009 : 20th February, 2009 : 20th February, 2009 P.C. 1. The Petitioner seeks an order of winding up of the Company inter alia on the ground that it is unable to pay its debts. 2. According to the Petitioner, an amount of Rs.1,72,579/- is due and payable by the Company to the Petitioner together with further interest. 3. The Petitioner’s claim arises on account of the goods sold and delivered by the Petitioner to the company on terms and conditions contained in the nature and/or evidenced by 7 invoices copies whereof are annexed to the petition. There is no reply to the statutory notice dated 6th June 2008. There is no affidavit in reply. 4. There is therefore, no bonafide defence. However with a view to giving the company an opportunity of 2 paying the amount, the following order is passed : ORDER ORDER ORDER (i) In the event of the company paying to the Petitioner a sum of Rs.1,72,579/- together with interest thereon at the rate of 18 % p.a. on or before 6th June, 2009 the Company Petition shall stand dismissed. (ii) In the event of the company failing to pay the amount as aforesaid, the Petition shall stand admitted and to be advertised in Fress Press Journal, Maharashtra Times and Maharashtra Government Gazettee. The Petitioner to deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master of this Court within four weeks from the date of default. Company Petition is disposed ofaccordingly.