1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1116 OF 2000 M/s.Sumex Organics Ltd. ....Petitioner V/s. M/s.Slyvassa Syndet Pvt. Ltd. ....Respondent Mr.M.M. Bagadia for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 29TH JUNE, 2010. P.C. :- 1. This is a Petition for winding up the Respondent Company on the ground that it is unable to pay its debts. 2. The Petitioner’s claim is based on a judgment of this Court dated 18.2.2000 in Summary Suit No.3568 of 1998 in the sum of Rs. 1,94,371=84 ps. with further interest on a principal sum. The decree has become final. There was no reply to the statutory notice. There is no affidavit in reply. 3. The company has not informed either the Petitioner or this Court about the present status before the B.I.F.R. 4. There are no circumstances which warrant passing of any order except the orders prayed for. 5. In the circumstances, the petition is made absolute in terms of prayers (a) and (b). However, it is clarified that in the event of the company 2 having been ordered to be wound up in any other proceedings, the Petitioner is at liberty to pursue their claim in the winding up proceedings. The Respondent company shall also pay the costs of this petition fixed at Rs.5000/-, which the Petitioner shall be entitled to recover in the winding up proceedings. 6. The company petition is accordingly disposed of.