IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.57 OF 2008 Dipen Rajan Kadakia ...Petitioner V/s. Anna Petrochem Pvt.Ltd. ...Respondent ...... Mr.V.W.Apte for Petitioner. None for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 22, 2008. FEBRUARY 22, 2008. FEBRUARY 22, 2008. P.C. P.C. P.C. 1. Although Respondent has been duly served, none appears. No reply has been filed to oppose this Petition. 2. In that sense,the assertions made in the Petition have remained uncontroverted. It is the case of the Petitioner that the Petitioner sold, delivered and supplied goods to the Respondent Company as per its requirement. The aggregate value of the goods sold to the Respondent is stated : 2 : to be in the sum of Rs.3,37,132.68 (Rupees Three Lakhs Thirty-seven Thousand One Hundred Thirty-two & Paise Sixty-eight). At no point of time, the Respondent raised any dispute about the quantity, quality or price of the goods so supplied. In fact, the Respondent made part payment by way of cheque in the sum of Rs.75,000/- (Rupees Seventy-five Thousand) to the Petitioner which cheque when presented, came to be dishonoured. Indeed, the said amount of Rs.75,000/- (Rupees Seventy-five Thousand) has been made good by the Respondent subsequently in the criminal action instituted by the Petitioner. The fact remains that the Respondent is still liable to pay the balance amount in the sum of Rs.2,62,132.60 (Rupees Two Lakhs Sixty-two Thousand One Hundred Thirty-two & Paise Sixty). 3. Inspite of statutory notice, the Respondent has failed and neglected to pay the said amount. I am inclined to accept the stand of the Petitioner that the Respondent is unable to pay its debt. : 3 : 4. In the circumstances, this Petition deserves to be admitted. However, with a view to give one opportunity to the Respondent, as the Petitioner is foregoing claim for interest on the outstanding dues, I proceed to pass following conditional order: (i) The Respondent shall pay sum of Rs.2,62,132/- (Rupees Two Lakhs Sixty-two Thousand One Hundred Thirty-two) to the Petitioner within eight weeks from today and produce acknowledgement of payment in the Registry within that time, failing which, the Company Petition to stand admitted. (ii) In the event of admission of the Petition due to this conditional order, the Petitioner will be free to advertise admission of the Petition in two local newspapers, namely,"Free Press Journal", "Navshakti" and in the Maharashtra Government Gazette. : 4 : (iii) The Petitioner shall deposit an amount of Rs.10,000/- (Rupees Ten Thousand) with the Registrar (O.S.)/Prothonotary & Senior Master towards the publication charges, within three weeks thereafter with intimation to the Company Registrar, failing which, the Company Petition shall stand dismissed without further reference to the Court. (iv) In the event, the Respondent pays the amount as aforesaid within time, Petition to stand disposed of without further reference to the Court. A.M.KHANWILKAR, J.