1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.51 OF 2010 M/s.Raliance Communication Infrastructure Ltd. ....Petitioner V/s. BGG Communications Pvt. Ltd. ....Respondent Mr.Charul Abuwala i/b M/s.Dave & Co. for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 17TH JUNE, 2010. P.C. :- 1. This is a Petition for winding up of the Respondent Company on the ground that the company is unable to pay its debts. According to the Petitioner, a sum of Rs.3,43,067=30 ps. together with interest thereon is payable by the Respondent company to it in respect of the wireless voice services and broadband internet services provided by the Petitioner to the company. The record indicates that that the agreements/documents annexed to the Petition were executed by the parties. In the course of the correspondence, the Respondent company has raised certain grievances regarding the quality of the services. However, the record indicates that the services were provided and availed of by the company. In fact some of the cheques issued by the company were dishonoured. In these circumstances, it is clear that the Respondent company has availed of the 2 services but failed and neglected to pay the amounts due in respect thereof. There is no reply to the statutory notice. The company remained absent. 2. However, with a view to giving an opportunity to the company of paying the amounts, the following order is passed :- i). In the event of the company paying an amount of Rs. 3,43,067=30 ps. together with interest thereon at 18% p.a. from 1.2.2009 till payment and/or realization, on or before 31.8.2010, the Company Petition shall stand dismissed. ii). In case of failure on the part of the Company to pay the amount as aforesaid, the Petition shall stand admitted and to be advertised in Free Press Journal, Maharashtra Times and Maharashtra Government Gazette. The Petitioner to deposit an amount of Rs. 10,000/- with the Prothonotary and Senior Master of this Court within four weeks from the date of default. 3. This order shall not preclude the Petitioner from adopting an independent proceedings including another winding up petition for recovery of any further amounts towards interest or otherwise.