1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO.925 OF 2008. In the matter of M/s. SNN Diamonds Pvt. Ltd. Mr. Manishkumar N. Babel. ..Petitioner. .... Mr. Manish Doshi, i/b. M/s. Vimadalal & Co., for Petitioner. .... CORAM : S.J.KATHAWALLA, J. DATE : 8TH OCTOBER 2009. P.C. This company petition is for hearing and final disposal. 2. By an order of this Court dated 16 th January 2009, this Court has inter-alia recorded that the respondent has not filed its reply to the statutory notice and has also not come forward to oppose/contest the petition. It was further observed that there is no bonafide defence to the claim raised in the petition. However, with a view to give one more opportunity to the respondent, the respondent was permitted to deposit a sum of Rs.1,43,00,000/- with the Prothonotary and Senior Master within a period of twelve weeks from 2 16 th January 2009. It was further provided in the order that upon failure on the part of the company to deposit the said amount, the petition would stand admitted and advertised as set out in the said order. The respondent company was informed about the said order dated 16 th January 2009 by a letter from the petitioner dated 31 st January 2009 which was accepted by the respondent company on 2 nd February 2009. Thereafter, the petition was advertised in “Free Press Journal” dated 17 th July 2009 and in “Maharashtra Times” dated 17 th July 2009 and also in the Maharashtra Government Gazette dated 23-29 th July 2009 at serial no.111. The affidavit proving publication dated 31 st August 2009 filed by the petitioner is on record. 3. Even at this stage, the respondent has not filed any affidavit opposing the petition and have not come forward to oppose the petition. As observed in the order of this Court dated 16 th January 2009, the respondent company has no bonafide defence to the petitioner’s claim and it is established that the respondent company is unable to pay its debts. 3 4. Company petition is therefore, allowed in terms of prayer clauses (a) and (b). The Official Liquidator to forthwith take necessary steps in the matter. [ S.J.KATHAWALLA, J. ]