cp1091-01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1091 OF 2001 M/s.Premium Investments ....Petitioner V/s. Kinjal Metals Ltd. ....Respondent Ms.Sheetal Kada i/b Mr.Chacko Joseph for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 2ND AUGUST, 2010. P.C. :- 1. This is a petition for winding up the Respondent company inter-alia on the ground that it is unable to pay its debts. 2. The Petitioner lent and advanced to the company a sum of Rs. 25,00,000/- on the terms and conditions in the agreement for loan dated 20.5.1997. The company made certain part payments for which the credit has been given. The Petitioner has filed the proceedings under section 138 of the Negotiable Instruments Act in respect of a cheque of Rs.22,50,000/- which was dishonoured. 3. There is no reply to the statutory notice. The Respondent company is absent. Thus there is no defence to the Petitioner’s claim. 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.