1 cp-676-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 676 OF 2009. Sanjay Govindram Agrawal. ..Petitioner. v/s. T-OO Garments Private Limited. ..Respondent. .... Ms. Sapana Rachure, i/b. T.N. Tripathi & Co., for Petitioner. None for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 22ND OCTOBER 2010. P.C. By this Company Petition, the Petitioner has sought winding up of the Respondent Company T-OO Garments Private Limited (Company). 2. The Company Petition is for hearing and final disposal. 3. It is the case of the Petitioner that they have supplied shirting material to the respondent Company and have inter-alia raised bills to the tune of Rs.2,61,207.04 against the Company as set out in paragraph 7 of the Company petition. The said bills are annexed to the petition and marked Exhibits-B1 and B2. At no point of time, the Company raised any objections pertaining to the material supplied by the Petitioner. As per the terms of the contract, the Company was liable to pay interest on the outstanding dues at 2 cp-676-09 the rate of 24% per annum till payment and/or realisation. 4. Since the Company failed and neglected to make any payments to the Petitioner, the Petitioner through his Advocate’s letter dated 24th February 2009 delivered at the registered office of the Company a statutory notice of demand under section 434 of the Companies Act, 1956 calling upon the Company to pay to the Petitioner the said sum of Rs.2,61,207.04 together with interest at the rate of 24% per annum from the respective due date of each invoice till payment and/or realisation. Despite having received the statutory notice, the Company failed to respond to the same and also failed to make any payment to the Petitioner as called upon to do so by the said notice. However, on 31st March 2009, the Company expressly confirmed and admitted its liability to pay to the Petitioner an amount of Rs.2,61,207.04 (Exhibit ‘D’ to the petition). 5. The Petitioner thereafter, filed the above Company Petition and on 20th August 2009, served the same on the Company. The Company did not file its Affidavit in Reply to the Petition and also did not come forward to defend the same. 6. In view of the aforesaid facts and in view of the Company having admitted its liability to make payment of Rs. 2,61,207.04 to the Petitioner, this Court by its order dated 14th 3 cp-676-09 January 2010 admitted the Company Petition. Thereafter, the Petitioner advertised the admission of the Petition and filed its Affidavit proving publication dated 23rd September 2010. Notice under Rule 28 of the Companies (Court) Rules, 1959, is returned back with the remark “Unclaimed”. In the above circumstances, more particularly, in view of the admission of the Company vide its letter dated 31st March 2009 (Exhibit-D to the Petition) that an amount of Rs.2,61,207.04 was due and payable to the Petitioner, the above Company Petition is allowed in terms of prayer clause (a). 7. Since it appears that the Company has already abandoned its registered office, the Official Liquidator shall proceed to implement this order on or before 28th October 2010. 8. The Petitioner is allowed to withdraw the amount of Rs. 10,000/- deposited with the Prothonotary and Senior Master of this Court pursuant to the order dated 14th January 2010 since the Petitioner has borne the publication charges. [ S.J.KATHAWALLA, J. ]