1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 123 OF 1996 Binani Zinc Ltd. ..Petitioner. V/s. Bharat Pipes & Fitting Ltd. ..Respondents. WITH COMPANY PETITION NO. 251 OF 1996 Western India Paper & Board Mills P.L. ..Petitioner. V/s. Bharat Pipes & Fitting Ltd. ..Respondents. WITH COMPANY PETITION NO. 263 OF 1996 The Antifrication Bearings Corporn. Ltd. ..Petitioner. V/s. Bharat Pipes & Fitting Ltd. ..Respondents. WITH COMPANY PETITION NO. 302 OF 1996 Sociedede De Formento Ind.Ltd. ..Petitioner. V/s. 2 Bharat Pipes & Fitting Ltd. ..Respondents. WITH COMPANY PETITION NO. 405 OF 1996 Finolex Industries Ltd. ..Petitioner. V/s. Bharat Pipes & Fitting Ltd. ..Respondents. WITH COMPANY PETITION NO. 688 OF 1996 Gujarat State Financial Service Ltd. ..Petitioner. V/s. Bharat Pipes & Fitting Ltd. ..Respondents. WITH COMPANY PETITION NO. 728 OF 1996 Bajaj Auto Ltd. ..Petitioner. V/s. Bharat Pipes & Fitting Ltd. ..Respondents. None for petitioner. None for Respondents.. CORAM:- A.M.KHANWILKAR, J DATED :- JULY 16, 2009. 3 P.C. 1. All these Petitions can be disposed of together since the relief claimed in each of these Petitions is to wind up the Respondent Company on the ground that the Respondent Company is unable to pay its debt. The claim of all the Petitioners put together is to the extent of Rs.2,69,12,743/-. The record indicates that the BIFR proceedings were pending in respect of the Respondent Company. The proceedings however, have now been finally decided by the AAIFR on 16th May, 2000. The report submitted by the AAIFR dated 5th June, 2009 indicates that the Appeal preferred by the Respondent Company was dismissed on 16th May, 2000. In other words, there is nothing on record to indicate that the matter was carried further by the Respondent Company. In other words, no proceedings are pending against the Respondent company before the BIFR. Resultantly, this Petition will have to be decided on its own merits. Having regard to the volume of claim involved and the Respondent Company has not even bothered to file reply in Petitions, it necessarily follows that the case made out by the Petitioner in the respective Petitions have remained uncontroverted. It means that the Respondent Company is unable to pay its debt. In the circumstances, all these Petitions are allowed, the Company is ordered to be 4 wound up forthwith. The Official Liquidator to take over possession of the assets of the Respondent Company and proceed in accordance with law. (A.M.KHANWILKAR, J)