1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.316 OF 1999 Ramesh Sareiya. ..Petitioner. V/s. M/s.Sampada Homes & Developers Ltd. ..Respondent. None present. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2008. DATE : FEBRUARY 26, 2008. DATE : FEBRUARY 26, 2008. P.C. : P.C. : P.C. : 1. None appears for the Respondent though served. No reply has been filed to counter assertions made in this Petition. By this Petition, it is prayed that the Respondent company be wound up, as it is unable to pay its debt in relation to the goods sold, delivered and supplied by the Petitioner to the Respondent company, as per its demand. At no point of time, the Respondent raised any dispute regarding quality, quantity or price of the goods. In fact, the Respondent has acknowledged the liability and also issued cheques by way of part payment to the Petitioner. Inspite of repeated demand, as Respondent failed to pay the balance amount, the Petitioner has no option, but to send statutory notice claiming amount of Rs.7,38,261/-. The Respondent inspite of service of statutory notice 2 did not send any reply nor made payment, as demanded. Eventually, the Petitioner has filed the present Petition. 2. This Petition was admitted on 31st March, 1999, while admitting the Petition, the Court has noted that the company has already stopped all its operation for the last two years and the functions of the company are in stagnation. It has further filed balance-sheet for the accounting year 1993-94 and thereafter has not filed balance-sheet for the subsequent period. Besides, admitting the Company Petition, the Court has appointed provisional Liquidator in terms of the said Order. 3. As aforesaid, the Respondent has not chosen to appear or file reply to counter assertions made in the Petition. There is nothing on record to indicate that the circumstances noted by this Court on 31st March, 1999 have undergone any change or that the Respondent company has revived its activities. In the circumstances, I have no hesitation in allowing this Petition. Petition is made absolute in terms of prayer clauses (a) and (b). 4. Petition disposed off on the above terms. 3 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)