1 cp489-04 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.489 OF 2004 Balmer Lawrie – Van Leer Ltd. ....Petitioner V/s. Vishuddha Rasayanee Pvt. Ltd. ....Respondent Mr.Rafique P. i/b M/s.Singhania & Co. for the Petitioner. Ms.Anulate Saundarkar i/b Ms.Gauri Godse for the Intervenor. CORAM : S.J. VAZIFDAR, J. DATE : 26TH 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.11,00,000/- together with interest at 24% p.a. from the date of each of the invoices is due and payable by the Respondent to it. 2. The claim arises on account of the goods sold and delivered by the Petitioner to the Respondent on the terms and conditions contained in various invoices. 3. There was no reply to the statutory notice. There is no affidavit in reply. The Respondent company was absent when the petition was admitted on 3.3.2005. The company is absent today. The claim has been admitted by the Respondent’s letter dated 25.1.2003. 4. 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. 2 cp489-04 10,000/- to be recovered in the winding up proceedings. The intervenor shall also be entitled to prove its claim in the winding up proceedings, if it so desires.