*1* cp.537.08.sxw kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.537 OF 2008 M/s Heetu Chemicals and Alkalies Pvt.Ltd.. ..Petitioner -Versus- M/s Eshaditi Chem and Alkalies Pvt.Ltd.. ..Respondent .......... Mr.Nilesh Gade i/b Shah & Sanghavi for the Petitioner. None for the Respondent. .......... CORAM : S.J. VAZIFDAR, J. DATE : 04th August, 2010. P.C. 1 This is a petition for winding up the Respondent Company on the ground that it is unable to pay its debts. 2 It is not necessary to deal with the facts of the case in detail as the same have been set out in the order dated 17th January, 2009 passed by me at the stage of admission. No further affidavits have been filed. The Respondent is absent. There is nothing on record which persuades me to take a different view. By the order dated 17th January, 2009 the Respondent was directed to deposit a sum of Rs.11.50 lacs within 12 weeks, failing which the petition was ordered to be admitted. The amount has not been deposited. 3 In the circumstances, the petition is made absolute in terms of the prayer clauses (a) and (b) which read thus:- *2* cp.537.08.sxw “(a) That the Respondent Company viz. M/s Eshaditi Chem Pvt. Ltd. having its registered office at “Chintamani” Rajwad, Sangli-416416, Maharashtra, be wound up under the provisions of the Companies Act, I of 1956; (b) That the Official Liquidator or such other fit and proper person as the Hon’ble Court may deem fit be appointed Liquidator of the said Respondent Company viz. M/s Eshaditi Chem Pvt. Ltd. having its registered office at “Chintamani” Rajwad, Sangli-416416, Maharashtra;” 4 The Petitioner shall also be entitled to the costs fixed at Rs.10,000/- which may be recovered in the winding up proceedings. 5 Till the Official Liquidator takes possession, there shall be an order in terms of prayer clause (c) which reads thus:- “(c) That pending the hearing and final disposal of the Petition the Respondent Company by themselves their servants and agents be restrained by an order and injunction of this Hon’ble Court from disposing off, creating any third party right, title and interest and/or part with possession of any of its movable and/or immovable properties, plant, machineries, furniture, fixture etc. and/or encumber and/or alienate any of the assets of the Respondent Company and/recover its book debts in any manner howsoever;” -