IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.84 OF 2004 Ispat Industries Ltd. .. Petitioners Vs Maha Container Pvt.Ltd. ... Respondents Ms.Sapna Raichure i/b M/s.T.N.Tripathi and Co. for the petitioners None for the respondents CORAM : S.J. VAZIFDAR, J. DATED : 30TH JUNE, 2010. P.C. : 1. This is a petition for winding up the Respondent-company interalia on the ground that it is unable to pay its debts. 2. According to the petitioners, the Company is indebted to it in the sum which today exceeds Rs.1 crore. The claim arises on account of the the goods sold and delivered by the petitioners to the Respondents. It is clear that the goods were sold and delivered by the petitioners to the respondents. Infact there are several letters addressed by the respondents wherein it has admitted its liability and promised to repay the sum on different dates. In the correspondence, the respondents also expressed its inability to repay the amounts due to the precarious market situation. 3. The respondents never denied its liability even in answer to the statutory dues. When the Company Petition was admitted on 17.02.05, the company remained absent. The Company is absent today. There is no affidavit in reply. In the circumstances, the Company Petition is made absolute in terms of prayer clause (a) and (b). The petitioners shall also be entitled to recover the costs fixed at Rs.10,000/- in the winding up proceedings. The petitioner shall be entitled to refund the advertisement costs deposited by it as the petitioners has advertised the petition at its own expenses.