*1* cp.985.03.sxw kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.985 OF 2003 GE Motors India Ltd.. ..Petitioner -Versus- Comfort Coolers (I) Pvt.Ltd.. ..Respondent .......... Ms.Jyoti Ghag i/b M/s Thakore Jariwala and Associates for the Petitioner. None for the Respondent. .......... CORAM : S.J. VAZIFDAR, J. DATE : 04th August, 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 Today, the Petitioner’s claim is about Rs.3 crores. The claim arises in respect of the goods sold and delivered to the Respondent on the terms and conditions mentioned in about 37 invoices. The Respondent received the goods without raising any demur as to the quality or quantity thereof. It was only in reply to the statutory notice, that disputes were raised as regards to the quality of the goods. 3 In any event, the Company has admitted its liability to pay an amount of Rs.55 lacs. The petition was admitted by the order *2* cp.985.03.sxw dated 22nd February, 2005 which records the Company’s statement that it was unable to pay the amount. The Company is absent today. 4 The petition is made absolute in terms of the prayer clauses (a) and (b) which read thus:- “(a) that the Company, Comfort Coolers (I) Pvt.Ltd., be ordered to be wound up by and under the directions of this Hon’ble Court under the provisions of the Companies Act, 1956; (b) that the Official Liquidator, High Court, Bombay be appointed as the Liquidator of the said Company with all powers under the Companies Act, 1956;” 5 The Petitioner shall also be entitled to the costs fixed at Rs.10,000/- which may be claimed in the winding up proceedings. -