1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1113 OF 1999 Divya Packing Pvt.Ltd. ..Petitioner V/s. Gran Heal Pharma Ltd. ..Respondent. Mr.S.G.Bhandary i/b. M/s.Bhandary & Bhandary for Petitioner. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 16, 2008. : OCTOBER 16, 2008. : OCTOBER 16, 2008. P.C. P.C. P.C. : : : 1. None appears for the Respondent company inspite of service. No reply has been filed to counter the assertions made in this Petition. 2. From the averments in the Petition and the statutory notice issued by the Petitioner which is duly served on the Respondent as is evident from the acknowledgement at page-15, it is seen that the Petitioner sold, delivered and supplied the goods to the Respondent from time to time from November, 1996 till April, 1998 in aggregate amount of Rs. 6,51,958/-. The Petitioner asserts that only part payment was received in the sum of Rs.2,87,271/-. However, inspite of repeated reminders, the Respondent failed and neglected to pay balance outstanding principal amount towards Rs.2,87,271/-. 2 Even if the claim for interest is to be ignored for the time being, the fact remains that the balance principal amount of Rs.2,87, 271/- has not been paid inspite of statutory notice. 3. As aforesaid none appears for the Respondent though served and no reply affidavit has been filed to counter the assertions made in the affidavit. Besides, the claim of the Petitioner, one Shri Kulwant Rai Malhotra, claiming to be another creditor, has filed affidavit sworn on 23rd January, 2008 claiming that he is entitled to receive payment from the Respondent company to the extent of Rs.8,80,000/-. 4. Be that as it may, from the material on record, which have remained uncontroverted, I have no hesitation in allowing this Petition and ordering winding up of the Respondent company forthwith. The Official Liquidator is also appointed, who shall take over assets of the company and proceed in accordance with the law. Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)