1 IN THE H IGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 108 OF 2010 Designer Fabrics (I) Pvt.Ltd. ... Petitioner Vs Dhruv Apparel Private Limited. ... Respondent Mr. M.J. Devani for the Petitioner. CORAM : S.J. VAZIFDAR, J. DATED : 10TH JUNE, 2010. P.C. : 1. The undertaking of the Petitioner’s advocate to file affidavit of service on or before 24th June, 2010, is accepted. 2. This is a Company Petition for winding up the company on the ground that the company is unable to pay its debts. 3. According to the Petitioner, the company is indebted to it in the sum of Rs.9,11,315.80 in respect of the goods sold and delivered by 2 the Petitioner to the company under and in terms of five invoices. The receipt of the goods is not denied. The company issued two cheques, which were dishonoured. 4. The company has remained absent. There is no affidavit in reply. In reply to the statutory notice, the company has admitted receipt of the goods as well as having issued the said cheques. It is, however, contended that the goods were sold and delivered to the company for the job-work as per the instructions of M/s. White Cube Retail Private Limited who had thereafter taken delivery of a portion of the goods. It is contended that this Petition is filed at the instance of M/s. White Cube Retail Private Limited to pressurize the company. In the absence of an affidavit to this effect, I am not inclined to accept this case. 5. However, with a view to awarding the company one more opportunity of making payment, the following order is passed : (i) On the company paying an amount of Rs. 9,15,000/- to the Petitioner on or before 30th August, 3 2010, Petition to stand dismissed. (ii) In case of failure on the part of the company to pay the amount as aforesaid, the Petition shall stand admitted and to be advertised in Free Press Journal, Maharashtra Times and Maharashtra Government Gazette. In that event, 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.