1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 54 OF 2010 M/s. Global Wool Alliance Pvt. Ltd. ... Petitioner Vs NRK OVERSEAS India Pvt. Ltd. ... Respondent Ms. Sunita Poddar i/b Devyani B. Shah for the Petitioner. Mr. Rajesh Gehani for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 28TH JUNE, 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. Prima facie, there does appear to be an amount due and payable to the Petitioner. The Petitioner’s difficulty, however, is that prima facie again the transaction was entered into, not with the Respondent, but with one NRK Overseas (India). All the invoices are made out in 2 the name of NRK Overseas (India). The forwarding notes are also in the name of NRK Overseas (India). The part-payments have also been made by the said sole proprietory concern. One Rakesh Kabra is stated to be the sole proprietor. Although he is a director of the Respondent, the Petitioner would have no claim against the company if indeed the transaction is with the sole proprietory concern. The Petitioner’s remedy, in that event, would be against the sole proprietory concern. 3. In the circumstances, the Company Petition is dismissed.