((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.945 OF 1998 National Packaging Petitioner versus Eupharma Lab Limited Respondent WITH COMPANY PETITION NO.946 OF 1998 National Auto Industries Petitioner versus Eupharma Lab Limited Respondent WITH COMPANY PETITION NO.1155 OF 2000 Industrial Development Bank of India Petitioner versus Eupharma Lab. Limited Respondent WITH COMPANY PETITION NO.573 OF 2001 Oman International Bank Petitioner versus Eupharma Lab. Limited Respondent Amita Poojary i/by G.S.Mansawala for petitioners in Petition Nos.945 and 946/1998. None for respondent. CORAM : A.M.KHANWILKAR, J. DATE : 28th February 2008 PC : ((-2-)) MST 1. All these petitions were presumably pending for so long as B.I.F.R. proceedings in relation to respondent company were in progress. From the on-line report it does appear that the B.I.F.R. proceedings were dismissed. Against the said decision the matter was carried in appeal by the company which also came to be rejected. In that sense the matters will now have to proceed before this Court. 2. In all these four petitions the reliefs claimed is of winding-up of the respondent company on the ground that the respondent company is unable to pay its debt. In the foremost petition the claim of the petition is in regard to goods sold, delivered and supplied. The outstanding amount which remained unpaid by the respondent company in respect of the said bills is stated to be Rs.7,26,974/-. In spite of statutory notice the respondent company failed and neglected to pay the outstanding dues. At no point of time the respondent raised any objection regarding quality, quantity or price of the goods so supplied. Be that as it may, the respondent has not bothered to appear before this court to controvert the assertions made in the petition as filed. The claim of the petitioner is ((-3-)) MST substantiated from the documents on record. Having regard to the uncontroverted case made out by the petitioner, it necessarily follows that the respondent company is unable to pay its debt. 3. Similar position appears in Company Petition No.946 of 1998 which is again in respect of goods sold, delivered and supplied. The outstanding amount payable by the respondent company to the petitioner is Rs.1,91,860/-. Even in this petition it is uncontroverted that the respondent failed and neglected to pay the outstanding dues in spite of statutory notice. In that view of the matter, even this petition ought to succeed. 4. In third petition being Company Petition No.1155 of 2000 the outstanding claim of the petitioner is in the sum of Rs.8,90,46,294/-. Similarly, fourth petition is in respect of credit facility provided to the respondent. The outstanding amount payable to the petitioner in the said petition is stated to be Rs.12,95,76,000/-. None appears for the respondent to contest the present proceedings. 5. From the materials on record, atleast in the first two petitions, no defence has been raised. ((-4-)) MST So far as those petitions are concerned, I have no hesitation in concluding that the respondent has failed and neglected to pay the outstanding dues and is unable to pay its debt. On that finding, reliefs claimed in these proceedings will have to be granted. 6. Accordingly, respondent company is ordered to be wound-up forthwith. The Official Liquidator shall take over the assets and properties of the respondent company forthwith and discharge all duties as per the provisions of Companies Act. All the four petitions are disposed off on the above terms. (A.M.KHANWILKAR, J.)