1 cp627-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.627 OF 2009 Jigisha Satish Mehta ....Petitioner V/s. M/s.Desai Specialty Chemicals Pvt. Ltd. ....Respondent Ms.Nita Solanki i/b Kiran Jain & Co. for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 28TH JULY, 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. The packet delivered under Rule 28 was returned with the remark “left. There is however nothing to suggest that the registered office of the Respondent is changed. 2. According to the Petitioner an amount of over Rs.12,00,000/- is due and payable by the Respondent to her on account of the goods sold and delivered by her to the Respondent. The Petitioner had raised invoices. Part payments were made leaving behind an amount over Rs. 12,00,000/- outstanding. 3. There was no reply to the statutory notice. The advocate had filed his Vakalatnama on behalf of the Respondent. However, despite repeated opportunities, he has failed to remain present in Court. By an order dated 24.9.2009, the office was directed to issue notice to the 2 cp627-09 advocate to remain present. Even thereafter he remained absent. There is no defence to the Petitioner’s claim. It is obvious that the company has failed to pay its debts. 4. In the circumstances, the petition is made absolute in terms of prayers (a) and (b). The Petitioner shall be entitled to the costs fixed at Rs. 10,000/- to be recovered in the winding up proceedings.