1 IN THE H IGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 1062 OF 2000 Videsh Sanchar Nigam Limited. ... Petitioner Vs MCS Software Solutions Limited. ... Respondent Ms. Khooshnum R. Daviervala i/b M/s. Mulla & Mulla and Cragie Blunt & Caroe for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 7TH JUNE, 2010. P.C. : 1. This is a Petition for winding up of the company on the ground that it is unable to pay its debts. 2. The claim arises on account of non payment of lease rentals. Under an agreement dated 5th February, 1998, the Petitioner permitted the company to use and occupy IPLL (International Private Leased Lines Services) connecting the premises of the company in Mumbai 2 and in USA for carrying on business of 64 KBPS data transfer commencing from 5th February, 1998 at an annual rental of US $57500/-. The procedure for recovery of the amount has been set out in detail in an order dated 21st March, 2002, admitting the Petition. An Appeal against the said order, being Appeal No.485 of 2002 was dismissed by an order dated 11th June, 2002. 3. From the record, it is clear that the company has defaulted in making payments. Further, as noted by the Division Bench, there is a clear admission of liability in the affidavit filed on behalf of the company dated 21st February, 2001. 4. In the circumstances, the Company Petition is made absolute in terms of prayers (a) and (b) which read as under :- “(a) that the Respondent Company, namely, MCS Software Solutions Limited, be ordered to be wound up under the provisions of the Companies Act, 1956 by and under the orders and directions of this Hon’ble Court; (b) that the Official Liquidator of this Hon’ble Court, be appointed as Liquidator of the Respondent Company, namely, MCS Software Solutions Limited with all powers under the Companies Act, 1956 including powers 3 to take accounts, records, documents, papers, vouchers, bills etc. of the Company;”