1 cp121-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.121 OF 2010 Hemchandra G. Parkar ....Petitioner V/s. Aurum Realty Co. ....Respondent Mr.R.S. Shekhawat for the Petitioner. None for the Respondent. Mr.Ajit S. Karwande for the Claimant (L.G. Rao, R.G. Rao and Mr.Ramesh Rao). CORAM : S.J. VAZIFDAR, J. DATE : 3RD DECEMBER, 2010. P.C. :- 1. This is a petition for winding up of the company on the ground that the company is unable to pay its debts. 2. By an order dated 6.5.2010, the company petition was admitted. Although the company was represented at that stage, no affidavit in reply has been filed. Today the respondent and its advocate are absent. There is still no affidavit in reply. 3. The order dated 6.5.2010 sets out in detail the facts of the case. I have nothing to add to the same except to state that considering the facts and circumstances of the case, the position of the respondent could only have deteriorated after the petition was admitted. 4. The undertaking to file an affidavit proving publication within two weeks from today is accepted. 2 cp121-10 5. For the reasons stated in the order dated 6.5.2010, the company petition is made absolute in terms of prayers (a) and (b). The petitioner shall be entitled to the costs fixed at Rs.5000/- to be recovered in the winding up proceedings.