1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.994 OF 2009 M/s.K.Manibhai & Co. ....Petitioner V/s. M/s.Mayaram Foods Ltd. ....Respondent Mr.Khaiyam Shaikh with Mr.J.H. Mishra i/b Mishra & Co. for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 8TH JUNE, 2010. P.C. :- 1. This is a Petition for winding up of the Respondent Company on the ground that it is unable to pay its debt. 2. The claim arises in respect of the goods sold and delivered by the Petitioner to the company on the terms and conditions contained in and evidenced by the several invoices, first of which is dated 13.9.2005 and the last is dated 6.3.2006. The aggregate value of the invoices was Rs. 11,38,436/-. Part payments were made from time to time. The last part payments was made by a cheque dated 24.8.2007 in the sum of Rs. 3,00,000/-. There is no reply to the statutory notice. There is no reply to the Petition. 3. However, with a view to granting an opportunity to the company, the following order is passed :- i). In the event of the Company paying an amount of Rs. 2 3,60,000/- on or before 31.7.2010, 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.