1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 1013 OF 2003 ING Vyasa Bank Ltd. .. Petitioner Versus M/s M Bushra International Ltd. .. Respondent Ms. Usha Srivastava a/w Mr. Satish Raut i/by Consults Juris for the Petitioners None for the Respondent CORAM : S. J. KATHAWALLA, J. DATE : 15th October, 2010 P.C.: 1. This Company Petition is for hearing and final disposal. 2. Amounts of Rs.68,10,000/- and Rs.45,40,480/- are due and payable by the Respondent Company to the Petitioner towards licence fee and charges for amenities respectively. The Company has not disputed the claim of the Petitioner. However, the learned Advocate appearing for the Company, at the time of admission of the Company Petition had raised several other objections which are dealt with and rejected by the learned Judge by his detailed order dated 3rd March, 2006. 3. Thereafter the Petition is advertised as can be seen from the affidavit of service in support of the publication dated 23rd August, 2010. The company department has also filed an affidavit of service dated 2nd March, 2006 2 wherein it is stated that the Respondent Company has refused to accept service of Notice under Rule 28 of the Companies (Court) Rules, 1956 and the packet containing the said notice is returned with the postal remark "refused". At the time of admission of the petition, this Court also appointed the official liquidator as provisional liquidator of the Respondent Company pursuant to which the liquidator has already taken possession of the registered office of the company as well as the records of the company. 4. After admission of the Petition, the respondent Company has not filed any affidavit opposing the said petition. The Respondent Company has not remained present before this Court though the matter was adjourned from time to time for hearing and final disposal. In view thereof, since the Respondent Company has not disputed its liability and for the reasons set out in the order of this Court dated 3rd March, 2005, the company petition is allowed in terms of prayer clauses (a) and (b). 5. The Company Petition is accordingly disposed of. (S. J. KATHAWALLA, J.)