1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 988 OF 2001 Shri Virendra Mohan Wig. ... Petitioner Vs M/s. Ramnath International Construction (P) Ltd. ... Respondent Ms. Gargi Bhagwat i/b M/s. Divekar & Co. for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 28TH 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. According to the Petitioners, a sum of Rs,14,41,212/- together with further interest on the principal sum of Rs.6,56,000/- is due and payable to them by the company in respect of certain excavation work done by the Petitioners for the company. 2 3. There are series of letters in which the company has admitted that an amount of Rs.6,56,000/- was payable by it to the Petitioners together with interest at 18 per cent per annum, enclosing cheques towards part-payments and stating that it was unable to make the payment due to financial difficulties. 4. There was no reply to the statutory notice. There is no reply to the petition. The company has remained absent. There is nothing on record which warrants a dismissal of this petition or any other orders than those prayed for. 5. In the circumstances, the Company Petition is made absolute in terms of prayer clause (a) and (b) which read as under :- “(a) that the abovementioned Company, Ramnath International Construction (P) Ltd., be wound up by and under the provisions directions of this Honourable Court under the provisions of Companies Act, 1956; (b) that the Official Liquidator, High Court, Bombay, be appointed Liquidator of the company with all the necessary powers under the Companies Act, 1956;” 3 6. The company shall also pay the Petitioners, costs of the petition, fixed at Rs.5,000/- which the Petitioner is at liberty to recover in the winding up proceedings.