1 cp285-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa COMPANY PETITION NO. 285 OF 2009. Komef Engg. India Pvt. Ltd. .. Petitioners v/s. Tork Fasteners (India) Pvt. Ltd. .. Respondents .... Mr. Nilesh S. Das for the Petitioners. Ms. Yogini Gada a/w. Mr. Sachin Karia i/b. M/s. Harakhchand & Co. for Respondents. .... CORAM : S. J. KATHAWALLA, J. DATE : OCTOBER 27, 2010. P.C. By this Company Petition, the Petitioner has sought winding up of the Respondent Company M/s. Tork Fasteners (India) Private Limited (the Company). 2. The Company Petition had appeared before this Court on 13th August, 2009 for admission. At that time the learned Advocates appearing for the parties have tendered Consent Terms dated 24th July, 2009 and an order disposing of the Company Petition in terms of the Consent Terms was passed. However, the 2 cp285-09 Consent Terms were not adhered to by the Respondent- Company and the Respondent-Company committed defaults. In view thereof, by an order dated 2nd August, 2010, the Company Petition was admitted and ordered to be advertised in Free Press Journal (English Mumbai Edition) and Maharashtra Times (Marathi Mumbai Edition) and the Maharashtra Government Gazette. The Petitioners have filed their affidavit proving service of publication dated 4th October, 2010. 3. Today the Company Petition has come up before this Court for final hearing. On the date of filing of the Petition the claim of the Petitioner in the Company Petition was to the tune of Rs. 5,00,399/-. Today the claim is much more alongwith interest. The learned Advocate for the Respondent-Company states that the Company has already paid an amount of Rs. 1,99,667/- to the Petitioner and is willing to pay a further amount of Rs. 2,51,610/- i.e. aggregating to Rs. 4,43,000/-. The claim of the Petitioner is not disputed by the Respondent-Company. However, the Respondent-Company is till date not willing to satisfy the entire claim of the Petitioner. The Company has since the year 2000 not filed its accounts with the Registrar of Companies (R.O.C.) The 3 cp285-09 Company is admittedly running into losses. I am therefore satisfied that the company is unable to pay its debts. The Company Petition is, therefore, made absolute in terms of prayer clauses (a) and (b), which reads thus: “ (a) That the Company – Messers. Tork Fasteners India Private Limited be wound up by and under the Order, directions and supervision of this Hon'ble Court under the provisions of the Companies Act, 1956; (b) That the Official Liquidator, High Court, Bombay be appointed Liquidator of the entire assets, properties, affairs and records of the Company;” 5. The Official Liquidator to act on an authenticated copy of this order and take possession of the assets, properties and records of the Company, within two weeks from today. [ S. J. KATHAWALLA, J. ]