IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.676 OF 1999 M/s.Raichand & Sons (Electricals) Pvt.Ltd. ...Petitioners V/s. Nirmal Metal Fabricators Ltd. ...Respondents WITH COMPANY PETITION NO.954 OF 2000 Harilal & Co. ...Petitioners V/s. Nirmal Metal Fabricators Ltd. ...Respondents ...... Mr.Manish Doshi i/b Vimadalal & Co. for Petitioners in CP/676/1999. Mr.C.D.Patel for Petitioners in CP/954/2000. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 24, 2008. MARCH 24, 2008. MARCH 24, 2008. P.C. P.C. P.C. 1. None appears for the Respondents though served. No reply has been filed in either of these : 2 : Petitions inspite of service. 2. Insofar as Company Petition No.676 of 1999 is concerned, the same proceeds on the assertion that the Petitioners herein sold delivered and supplied goods to the Respondent Company from time to time as per their request. At no point of time, the Respondents raised dispute about the quantity, quality or the price of the goods. As the amount remained unpaid, Petitioners caused to serve statutory notice on the Respondents. Despite service of statutory notice, no reply was sent by the Respondents or any amount offered to the Petitioners. The outstanding claim against the Respondent Company on the basis of invoice pressed into service is in the sum of Rs.3,95,284.02 (Rupees Three Lakhs Ninety-five Thousand Two Hundred Eighty-four & Paise Two Only). The Petitioners are also claiming interest on the said amount. 3. Be that as it may, the fact remains that inspite of statutory notice as also service of the present Petitions, the Respondent Company has not : 3 : bothered to reply or to pay the outstanding amount to the Petitioners. It necessarily follows that the Respondent Company is unable to pay its debt. Accordingly, this Petition deserves to be allowed in terms of prayer clause (a). 4. Besides the abovesaid Petition, there is one more Petition pending against the Respondent Company Nirmal Metal Fabricators Ltd. being Company Petition No.954 of 2007. Even in this Petition, the claim is based on the goods sold, delivered and supplied to the Respondent Company from time to time. Indeed, the claim amount in this Petition is only in the sum of Rs.40,228/- (Rupees Forty Thousand Two Hundred Twenty-eight) along with interest accrued thereon. Even in this Petition, it is asserted that statutory notice was sent and duly served. The assertions made in the Petition have remained uncontroverted. 5. Taking overall view of the matter, even this Petition deserves to be allowed on the finding that the Respondent Company is unable to pay its debt. : 4 : 6. Accordingly, both these Petitions are allowed by directing winding up of the Respondent Company under the direction, supervision and control of this Court. It is further ordered that the Official Liquidator, High Court, Mumbai is appointed as the Liquidator of the property, assets as also of business of the Company and to exercise of powers as Official Liquidator under provisions of the Companies Act. 7. Petitions disposed of on the above observations. A.M.KHANWILKAR, J.