1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. COMPANY PETITION NO.1134 OF 1999 M/s.Ajanta Electricals. ...Petitioner. Vs. M/s.Archana Electrics Pvt. Ltd. ...Respondent. .... Mr.Sandeep Parikh with Ms.Karishma Shinde i/b.M/s.Gordhandas & Fozdar for the Petitioner. None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. November 4, 2009. P.C. The claim, which forms the basis of the Company Petition for winding up, arises on account of goods sold, supplied and delivered by the Petitioner. The Petitioner claims that the Company is indebted in the sum of Rs.2,06,233.33 in respect of goods sold and delivered to the Company between July 1997 and February 1998. In addition, the Petitioner has claimed an amount of Rs.3,05,760.53 in respect of goods sold and delivered by the Petitioner to a firm called Archana Electromec, at the instance of the Company between June 1996 and August 1997. Cheques which were issued by the Company 2 were dishonoured upon presentation. An advice of the Bankers dated 16th April 1999 has been annexed at Exh.B to the Petition. A statutory notice under Sections 433 and 434 was addressed by the Petitioner’s Advocate to which there was no reply. The Company Petition was admitted on 11th January 2000. The Company Petition has been advertised and an affidavit of publication has been filed. An affidavit of service of the notice under Rule 28 of the Company Court Rules has also been filed. There is no reply to the Company Petition. In these circumstances, it is evident that the Company is unable to pay its debts. Accordingly, the Company Petition is made absolute in terms of prayer clause (a). .....