- 1 - 61.cp.76.2011== skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 76 OF 2011 Blue Star Ltd. ..Petitioner -Versus- Lotus Surgicals Pvt. Ltd. ..Respondent .......... Mr.Gaurang Mehta a/w. Ms.Sheetal Kohad for the Petitioner. None for the Respondent. .......... CORAM : S.J. VAZIFDAR, J. DATE : 1ST APRIL 2011. P.C. 1 This is a petition for winding up of Respondent-Company inter alia on the ground that it is unable to pay its debts. 2 The parties had entered into a HVAC (Heating Ventilation and Air- Conditioning Systems/Works) contract in March 2006 whereunder the Petitioner was to supply and execute HVAC works for the Respondent. The Petitioner raised its running bills from time to time. The final bill was also raised. - 2 - 61.cp.76.2011== 3 In response to the Petitioner’s letter dated 14th December 2009 demanding the balance payment of a sum of Rs.53,40,327/- together with interest at the rate of 18 percent per annum, the Respondent has vide letter dated 1st January 2010 admitted and acknowledged its liability in a sum of Rs.44,24,428/-. Further correspondence took place between the parties, in the course of which, the Petitioner inter alia forwarded extracts from its ledger as per request of the Respondent. The Respondent merely requested that the disputes be settle to avoid litigation. No further payment was made despite the statutory notice. 4 There is no affidavit-in-reply. The Respondent is absent despite being served. There is no defence to the Petitioner’s claim. However, with a view to offer an opportunity to the Respondent for making payment the following order is passed : (i) No difference even if interest is considered at the rate of 12 percent per annum. An amount of not less than Rs.65 lacs would be due and payable on or before 31st July 2011 by the Respondent to the Petitioner. (ii) In the event of the Respondent-Company paying the Petitioner a sum of Rs.65 lacs on or before 31st July 2011, the Company Petition shall stand dismissed. Even in the event of the amount being paid, the Petitioner shall be at liberty to adopt any proceeding - 3 - 61.cp.76.2011== for further reliefs including further interest and shall also be entitled to adjust the amounts paid first towards interest. (iii) In case of failure on the part of the Company to pay the amount as aforesaid, the Company Petition shall stand admitted and to be advertised in Free Press Journal, Maharashtra Times and Maharashtra Government Gazette. In that event the Petitioner to deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master of this Court within four weeks from the date of default. (iv) Further in the event of the amount not being paid, as aforesaid, the Petitioner shall be entitled to claim the entire amount. 3 The Petitioner shall serve a copy of this order on the Respondent forthwith. -