IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.426 OF 2001 ALONG WITH COMPANY PETITION NOS.427/2001 & 428/2001 M/s.Central Electricals & Electronics, etc. ...Petitioners V/s. M/s.Telecon Electric Industries Ltd....Respondents ...... Ms.Neeta V.Parikh for Petitioners. Mr.Parag Kathe i/b Udaipuri & Co. for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. NOVEMBER 24, 2008. NOVEMBER 24, 2008. NOVEMBER 24, 2008. P.C. P.C. P.C. 1. All these three Petitions can be disposed of by one common order. For, in all these Petitions common relief is prayed by the respective Petitioners that the Respondent Company be ordered to be wound up as it is unable to pay its debt. 2. Respondent is appearing through Counsel, : 2 : however, in none of the three Petitions, reply affidavit has been filed to counter the assertions made in the Petitions. Counsel appearing for the Respondent Company states that no instructions are forthcoming from the Respondents. 3. The case of the Petitioners in the respective Petitions is that inspite of liability of the Respondent Company and issuance of statutory notice on account of non-payment of the amount, the Respondent Company has failed and neglected to pay its debt. 4. In leading Company Petition No.426/2001, the outstanding dues are in the sum of Rs.8,02,539.80, whereas in Company Petition No.427/2001 the outstanding dues are Rs.8,83,169.87 and in Company Petition No.428/2001, same are Rs.1,54,250/-. Even at the stage before admission of Company Petitions, Respondent Company was duly served. But did not bother to appear nor filed any reply affidavit. After admission of the Company Petitions and publication thereof, the Respondent Company, upon service of notice under Rule 28, has : 3 : entered appearance but has not chosen to file any reply whatsoever. In other words, no explanation or justification is forthcoming for non-payment of the outstanding dues. It necessarily follows that the Respondent Company has failed to discharge the legal presumption that it is unable to pay its debt which is far exceeding statutory amount of Rs.500/-. 5. Accordingly, all these Petitions are allowed. Respondent Company is ordered to be wound up with immediate effect. Official Liquidator shall take necessary steps with regard to the assets of the Respondent Company forthwith. A.M.KHANWILKAR, J.