1 cp-399-03 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 399 OF 2003. Greaves Limited ..Petitioners. v/s. Skip Plastic Limited. ..Respondent. .... Mr. Vishal Kanade, a/w. Mr. Nikhil Rajani, i/b. V. Deshpande & Co., for Petitioners. Mr. Vishal Thaker, i/b. Mr. Vinod Thaker, for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 22ND OCTOBER 2010. P.C. This Company Petition is filed by the Petitioners seeking winding up of the Respondent Company Skip Plastic Limited (the Company). 2. The Company Petition is for hearing and final disposal. 3. According to the Petitioners, pursuant to the purchase orders placed by the Company from time to time, the Petitioners sold, supplied and delivered to the Company various plastic raw materials, plasticizers, compounding of plastics, plastic granules, etc. (the said goods). The Petitioners raised 16 invoices on the Company particulars of which are set out in paragraph 7 of the Company Petition. However, the Company failed and neglected to make any payment to the Petitioners. 2 cp-399-03 4. Therefore, the Petitioners by their Advocates notice dated 13th July 2001 after recording the aforestated facts, called upon the Company to pay an amount of Rs.72,87,426.20 under the said invoices to the Petitioners. The said letter was returned by the postal authorities with the remark 'Unclaimed'. Thereafter, the Petitioners through their Advocate served a statutory notice dated 14th August 2001 at the registered office of the Company which was returned back with the remark 'left'. The Petitioners, therefore, filed the above Company Petition and served the same on the Company. The Company has filed its Affidavit dated 14th November 2003 opposing the admission, wherein it has denied and disputed the receipt of goods. However, the Company has alleged that it has made payments of Rs.11,00,000/- and Rs.5,19,220/- to the Petitioners in January 2001 and February 2001. 5. The Petition was admitted on 18th June 2004 and thereafter advertised. The Company has not filed any Affidavit after the Company Petition was admitted. The learned Advocate for the Company is unable to effectively oppose the Company Petition since the Company has not provided the necessary instructions in the matter to him. 6. I have perused the contents of the Company Petition, the reply filed by the Company at the stage of admission and the 3 cp-399-03 submissions advanced by the learned Advocates appearing for the parties. Though the Company has in its Affidavit refuted the receipt of the goods, the Company has alleged that payments of Rs. 11,00,000/- and Rs.5,19,220/- were made to the Petitioners in January 2001 and February 2001. The Company is unable to show when exactly the said amounts were paid and for what purpose were the said amounts paid. The Company admittedly has closed its business even prior to the admission of the Company Petition and the service of the statutory notice was also not accepted at its registered office and was returned with the remark 'left'. The defense raised by the Company is, therefore a sham and is bogus and cannot be accepted. 7. Under the circumstances, I am satisfied that the Company is unable to pay its debts and the Company Petition is therefore, allowed in terms of prayer clauses (a) and (b). [ S.J. KATHAWALLA, J. ]