1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 464 OF 2005. M/s. Indo Plast. ..Petitioner. vs. M/s. Prestige HM Polycontainers Ltd...Respondent. .... Mr. A.R. Mishra, for Petitioner. Mr. Amol B. Kharat, i/b. K.V. Aiyar & Asso., for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 18TH MARCH 2010. P.C. This company petition was filed in the year 2005. However, the same was adjourned from time to time since initially the proceedings were pending before the BIFR and subsequently, an appeal was filed before the AAIFR, which appeal is now dismissed by an order of AAIFR dated 30th October 2009. 2. By the present petition, the petitioner has contended that an amount of Rs. 17,49,953/-is due and payable by the respondent company to the petitioner, as more particularly set out in the particulars of claim (Exhibit 'H' to the petition). The claim of the petitioner arises out of the goods sold and supplied by the petitioner to the respondent company. No reply on merits is filed in the present petition. 2 3. The learned Advocate appearing for the respondent company submits that he has no submissions to make and that the Court may pass orders as it deem fit in the company petition. 4. In view thereof, the claim of the petitioner stands admitted by the respondent company. The company petition is therefore, admitted and is made returnable on 22nd April 2010. 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. 5. The learned Advocate appearing for the respondent company on behalf of the company waives notice under Rule 28 of the Companies (Court) Rules, 1959. [ S.J.KATHAWALLA, J. ]