1 cp1086-01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1086 OF 2001 Amal Bannerjee ....Petitioner V/s. M/s.Narottamdas Harijivandas Leasing Ltd. ....Respondent Mr.Darshan Mehta i/b Dhruve Liladhar & Co. for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 28TH JULY, 2010. P.C. :- 1. This is a petition for winding up the Respondent company on the ground that it is unable to pay its debts. According to the Petitioner an amount of about Rs.30,00,000/- together with interest at 24% p.a. on the sum of Rs.23,60,000/- from the date of the petition till payment is due and payable to him by the Respondent. The Petitioner had deposited the said sum of Rs.23,60,000/- with the Respondent on 2.4.1997 repayable with interest at 24% p.a. The Respondent made certain part payments. The Petitioner agreed to reducing the rate of interest to 18% p.a.. In reply to the statutory notice, the Respondent admitted its liability and only stated that the rate of interest should be reduced and that the Petitioner had extended the term of deposit from time to time. 2. There is no affidavit in reply. The Petitioner’s claim is admitted. The Respondent is unable to pay its debts. The company is absent 2 cp1086-01 today. 3. In the circumstances, the petition is made absolute in terms of prayers (a) and (b). The Petitioner shall be entitled to the costs fixed at Rs. 10,000/- to be recovered in the winding up proceedings. The affidavit proving the publication dated 28.7.2010 is taken on record and marked “X”.