Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.385 of 2001 Elfine Chemicals ...Petitioners V/s. Conway Printers Ltd. ...Respondents ALONGWITH ALONGWITH ALONGWITH COMPANY PETITION NO. 569 OF 2001 Tarille Corporation ...Petitioners V/s. Conway Printers Ltd. ...Respondents ALONGWITH ALONGWITH ALONGWITH COMPANY PETITION NO. 1127 OF 2001 Industrial Feeds ...Petitioner V/s. Conway Printers Ltd. ...Respondents ALONGWITH ALONGWITH ALONGWITH COMPANY PETITION NO. 348 OF 2004 Gaurang M. Mehta ...Petitioner V/s. M/s. Conway Printers Ltd. ...Respondents Mrs. H.H.Chande i/b. Prashad H. Chande for petitioner in CP 385/2001. Mr. Darshan Mehta i/b. Dhruve Liladhar & Co. for petitioner in CP 569/2001 and 384/2004. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 12th November, 2008 : 12th November, 2008 : 12th November, 2008 P.C. . All these petitions are disposed of together by this common order. 2. In all these petitions it is prayed that the respondent company be wound up. In so far as Company 2 Petition No. 569/2001 which is concerned, the petitioners pray for winding up of respondent company on the assurance that the petitioner sold, delivered and supplied goods to the respondent from time to time as demanded by the respondents to the extent Rs. 2,49,200/-. The Respondent made part payment of Rs. 8,656/- and again Rs. 50,000/- but failed and neglected to pay the balance principal amount of Rs.1,90,544/-. In the circumstances statutory notice was sent to the respondents which was duly served. The Respondents neither gave any reply to the statutory notice nor offered the outstanding dues to the petitioner. Eventually present company petition came to be filed. The respondent was served with the notice of the present petitions, however, failed to file any reply to counter the assertions made in the company petition which claim is supported by documentary evidence and contemporaneous record. In the circumstances, company petition came to be admitted on 29th November, 2001. Admission of company petition was duly published. Inspite of service of statutory notice and the publication of admission of company petition, respondent company has not chosen to file any reply to the present petition nor made any arrangement to appear before the Court to espouse its cause. In other words, the case made out by the petitioner in this petition has remained unrebutted. Respondent has failed to rebut the legal presumption 3 that it is unable to pay its debts. As a necessary corollery the only option is to grant the prayer made in the present petitions. Significantly, besides the present petitions there are four other company petitions pending for similar relief in Company Petition No. 385/2001, the claim amount is to the extent of Rs.5,78,870.50 paise whereas in Company Petition No. 1127/2001 it is Rs. 7,59,425.73 paise and Company Petition No. 348/2004 it is Rs. 7,59,425.73 paise. In the circumstances, I have no hesitation in allowing all these petitions. It is ordered that the respondent company be wound up forthwith. The Official Liquidator shall take over possession of assets and properties of the respondent company and proceed in accordance with law. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]