1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.981 OF 2007 Ashar Industrial Corporation ..Petitioner. V/s. Vaibhavlaxmi Processors Pvt.Ltd. ..Respondent. Mr.D.P.Shah for petitioner. None for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 5, 2008. DATE : FEBRUARY 5, 2008. DATE : FEBRUARY 5, 2008. P.C. : P.C. : P.C. : 1. Inspite of service, none appears for the Respondent company. No reply has been filed to counter the assertion made in the Petition. 2. From the documents on record, the Petitioner has established that the Petitioner is entitled to receive sum of Rs.3,91,144/- towards the goods sold, delivered and supplied to the Respondent company from time to time as per their request. There is nothing on record to suggest that the Respondent company raised any dispute regarding quality, quantity or price of the goods, so supplied. No response was given by the Respondent company to the statutory notice duly served on the Respondent company. As 2 aforesaid, the Respondent company have not bothered to appear before this Court though duly served. No reply has been filed to counter assertion made in this Petition. Accordingly, I have no hesitation in taking the view that the Respondents have failed and neglected to pay the outstanding dues to the Petitioner. It is obvious that the Respondents are unable to pay its debt. However, instead of straightway admitting the Company petition I propose to pass following conditional order. 3. The Respondents shall deposit the sum of Rs.4,81,291/- in this Court on or before 30th April, 2008. Petitioner shall serve the copy of this order on the Respondents not later than 15th February, 2008 and file affidavit to that effect in the Registry. In the event the amount is deposited in time, matter be placed for appropriate direction on 2nd May, 2008. 4. In the event, the Respondent company fails to deposit the amount in time and report that fact to the Court on affidavit within specified time, the Company Registrar to proceed on the assumption that this Company Petition stands admitted without further reference to the Court. In that case, the Petitioner will be free to issue advertisement regarding 3 admission of the Petition. 5. The Petitioner shall publish advertisement of the admission of the Petition in two local news papers, namely, "Free Press Journal", "Navshakti" and in the 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 thereafter with intimation to the Company Registrar failing which the Petition shall stand dismissed for non-prosecution. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)