1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1231 OF 2000 Mr.Rajan R.Menda, an adult, of Bombay Indian Inhabitant, having address at 305/A, Shree Shubh Society, L.T.Road, Borivali (West), Mumbai – 400 092. ...Petitioner WITH COMPANY PETITION NO.1192 OF 2000 Shri Pahlajrai Sewaram, an adult, of Mumbai, Indian Inhabitant, having address at Flat No.602, Nalanda Building, “K” Unit, Sunder Nagar, S.V.Raod, Malad (West), Mumbai – 400 064. ....Petitioner WITH COMPANY PETITION NO.1193 OF 2000 Sunita Hariram Jaising, an adult, of Bombay Indian Inhabitant, having her address at 4/A, Shiv Ratan, Plot No.45, Sion (East), Mumbai – 400 022. ...Petitioner WITH COMPANY PETITION NO.1194 OF 2000 Meena Hariram Jaising, an adult, of Bombay, Indian Inhabitant, having her address at 4/A, Shiv Ratan, Plot No.45, Sion (East), Mumbai – 400 022. ....Petitioner 2 WITH COMPANY PETITION NO.1195 OF 2000 Mrs.Aarti Sunil Jaising, an adult, of Bombay, Indian Inhabitant, having her address at 4/A, Shiv Ratan, Plot No.45, Sion (East), Mumbai – 400 022. ....Petitioner WITH COMPANY PETITION NO.1226 OF 2000 Pranjivan J.Joshi, an adult, of Mumbai, Indian Inhabitant, having address at 7 Shanti Niketan, Ashok Nagar, C.R.Road No.3, Behind BSIS Hospital, Kandivali, Mumbai – 400 101. ....Petitioner WITH COMPANY PETITION NO.1227 OF 2000 Rekha R.Mendha, an adult, of Bombay, Indian Inhabitant, having her address at 305/A, Shree Shubh Society, L.T.Road, Borivali (West), Mumbai – 400 092. ...Petitioner WITH COMPANY PETITION NO.1228 OF 2000 Mohanlal Jethanand Ahuja, Karta of Mohanlal J.Ahuja H.U.F., an adult, of Bombay, Indian Inhabitant, having address at 629, Shyam Kutir, Flat No.1, 13 TPS Road, Khar (West), Mumbai – 400 052. ....Petitioner 3 WITH COMPANY PETITION NO.1229 OF 2000 Mohanlal Jethanand Ahuja, an adult, of Bombay, Indian Inhabitant, having address at 629, Shyam Kutir, Flat No.1, 13 TPS Road, Khar (West), Mumbai – 400 052. ....Petitioner WITH COMPANY PETITION NO.1230 OF 2000 Mrs.Urvashi J.Mehta, an adult, of Bombay, Indian Inhabitant, having her address at 9-A, Pankaj Building, 171 L.B.S. Marg, Ghatkopar (W), Mumbai-400 086. ....Petitioner WITH COMPANY PETITION NO.177 OF 2001 Mr.Lachhmandas Deepchand, an adult, of Bombay, Indian Inhabitant, having his address at 22, New Creation Society, 5th Road, Khar (W), Mumbai – 400 052. ....Petitioner WITH COMPANY PETITION NO.178 OF 2001 Abdulgafoor H.Hudli, an adult, of Bombay, Indian Inhabitant, having his address at I/201, Seeta Complex, Shankheshwar Nagar, hole Road, Nallasopara (East). .Petitioner 4 WITH COMPANY PETITION NO.339 OF 2001 1.Pushpadevi Narang, 2.Rekha Narang, Both adults, of Bombay, Indian Inhabitants, having their address at 3, Jai Tirth Mansion, Barrack Road, Behind Metro Cinema, Mumbai – 400 020. ....Petitioners WITH COMPANY PETITION NO.709 OF 2001 Meena S.Shah, an adult, of Bombay, Indian Inhabitant, having her address at Neerav, N/S Road No.9, J.V.P.D. Scheme, Vile Parle, Mumbai – 400 049. ..Petitioner WITH COMPANY PETITION NO.710 OF 2001 Poonam N.Advani, an adult, of Bombay, Indian Inhabitant, having her address at 501/506, Gopi Kunj, 1st Road, Khar (West), Mumbai – 400 052. ...Petitioner WITH COMPANY PETITION NO.712 OF 2001 Mr.Nihalchand B.Advani, an adult, of Bombay, Indian Inhabitant, having his address at 501/506, Gopi Kunj, 1st Road, Khar (West), Mumbai – 400 052. ...Petitioner 5 WITH COMPANY PETITION NO.1195 OF 2001 Shri Sunil H.Jaising, an adult, of Bombay, Indian Inhabitant, having his address at 4-A, Shiv Ratan, Plot No.45, Sion (East), Mumbai – 400 022. ....Petitioner WITH COMPANY PETITION NO.573 OF 2002 Mohinidevi Kanhyalal Madnani, the only heir and legal representative of Mr.Kanhyalal T.Madnani, Sole Proprietor of M/s.Takamdas Kanhyalal, an adult, of Bombay, Indian Inhabitant, having her address at 36/A, Upendra Niwas, Sion Road, Sion (W), Mumbai-400 022. ....Petitioner ......... None present. ......... CORAM:- A.M.KHANWILKAR, J. DATED :- JULY 3, 2009. ORDER : 1. All these matters can be disposed of by this common order, as the relief claimed is winding up of the Respondent Company. The claim in these Petitions is in respect of Bill of 6 Exchange drawn by the Respondent Company through its Director agreeing to pay to the Petitioners specified amount on expiry of 90 days after date without days of grace pay for valuable consideration received by the Respondent Company from the Petitioners. The grievance in each of these Petitions is that the Respondent Company failed and neglected to pay the amount when it became due and payable and more so in spite of repeated demand. As a consequence, statutory notice was served on the Respondent Company. In spite of the said notice, no payment has been received which has forced the Petitioner to approach this Court for relief of winding up of the Respondent Company. Although the Respondent has been duly served, no reply has been filed nor any appearance is made to contest the present Petition. The assertions made in the Petitions have remained uncontroverted, which in my view, are supported by documentary evidence on record. Accordingly, it necessarily follows that the Respondent Company is unable to pay its debt. Hence, all these Petitions deserve to be allowed. 2. It is therefore, ordered that the Respondent Company be 7 wound up forthwith and the Official Liquidator shall take possession of the movable and immovable property of the Respondent Company and proceed in accordance with law. (A.M.KHANWILKAR, J.)