1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 1344 OF 2009 IN COMPANY PETITION NO. 525 OF 2004 Transport Corporation of India Pvt. Ltd. .. Applicant V/s. Speachtech Equipments & Structurals Pvt. Ltd. .. Respondents .... Mr. Ajay Panicker for the Applicant. None for the Respondents. .... CORAM : S.J. KATHAWALLA, J. DATE : JANUARY 7, 2010. P.C. By the above Company Petition, the Petitioner has sought an order of winding-up of the Respondent Company. By an order dated 29th November, 2001 the Respondent Company was given a chance to deposit a sum of Rs. 3,00,000/- within a period of six weeks from 29th November, 2001. It was provided in the order that if the said amount of Rs. 3,00,000/- is deposited within six 2 weeks from 29th November, 2001, the Petition shall stands dismissed and the Petitioner would be at liberty to file a suit for the recovery of his outstandings. It was further provided that if the Respondent Company fails to deposit the said amount of Rs. 3,00,000/- within a period of six weeks from 29th November, 2001, the Petition shall stand admitted and advertised in two Newspapers. The Petitioner was directed to deposit Rs. 2,000/- with the Prothonotary and Senior Master, within a period of four weeks from 29th November, 2001 towards the publication charges. However, the Respondent Company failed to deposit the amount of Rs. 3,00,000/- within six weeks from 29th November, 2001. The Petitioner also failed to deposit Rs.2,000/- with the Prothonotary and Senior Master within a period of four weeks from 29th November, 2001 towards the publication charges. 2. The Petitioner failed to deposit the said amount of Rs. 2,000/- on or before 29th December, 2001. By the present application taken out after eight years, the Petitioner is now seeking condonation of delay in depositing the said amount of Rs. 2,000/- and advertising the Petition. 3 3. According to the Petitioner they have taken out a Company Application (St.) No. 508 of 2002 for extension of time and the said application was pending for hearing. A praecipe dated 9th September, 2009 was filed on behalf of the Petitioner for taking inspection of the Courts records, when they were informed that the papers and proceedings in the said matter are not available. Even, if it is assumed that the Petitioner in fact had taken out a Company Application (St.) No. 508 of 2002 seeking extension of time, the Petitioner have not explained as to why the amount of Rs. 2,000/- which was to be deposited by 29th December, 2001 was not deposited for more than eight years and why the Petitioner did not pursue their application purportedly taken out in the year 2002 for a period of 7 to 8 years and allowed the application to be only on a stamp number. As stated by the Petitioner, the Company Petition stood dismissed as far back on 29th December, 2001. In the absence of any explanation from the Petitioner for such gross delay and irresponsible conduct, the question of condonation of delay of more then 8 years in depositing the amount of Rs. 2,000/- and allowing an advertising of the Petition at this stage, does not arise. 4 3. The Company Application is dismissed. [ S.J.KATHAWALLA, J. ]