((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.769 OF 1998 Tej Gaurav Finance Limited Petitioner versus Gresoil (India) Pvt.Ltd. Respondent Swapnil Bangur i/by M/s.Vinod Mistry & Co. for petitioner. CORAM : A.M.KHANWILKAR, J. DATE : 07th February 2008 PC : 1. None appears for the respondent though served. No reply has been filed till now for opposing the present petition or for that matter controverting the assertions made in the petition. In the petition, it is asserted that the petitioner company extended finance facility to the respondent to the extent of Rs.45.00 lakhs on terms agreed upon between the parties. It is stated that the amount was made over to the respondent which fact is established from the communication dated 15th April 1998 sent by the advocate on instructions of the Director of the respondent company. Indeed, the stand taken by ((-2-)) MST the Directors is that the said amount was received as business entry. The fact remains that the receipt of amount made over by the petitioner to the respondent company is not in dispute. As the amount remained outstanding and unpaid, the petitioner issued statutory notice. The statutory notice was served on the respondent. Prior to that, notice sent in February 1998 was returned with postal remark "not claimed". It was obvious that the respondent was avoiding to receive the statutory notice, for which reason the petitioner issued public advertisement in Free Press Journal having wide circulation in Mumbai. In spite of said public notice the respondent has not repaid the outstanding dues. Besides, no reply is given by the respondent to the statutory notice or the subsequent public notice. Similarly, the respondent, though served with the present petition, has not filed any reply muchless paid the outstanding amount. 2. Taking over all view of the matter I have no hesitation in accepting the claim of the petitioner which has remained uncontroverted. It necessarily follows that the respondent has failed and neglected to pay the outstanding dues ((-3-)) MST and is unable to pay its debt. In the circumstances, this petition ought to succeed. The same is made absolute in terms of prayer clauses (a) and (b). (A.M.KHANWILKAR, J.)