Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 685 OF 2008 Chandulal C.Sanghavi ...Petitioner V/s. Shree Ganesh Forging Ltd. ...Respondents Mr. Sualesh Nagvadaria for the petitioner. Mr.Avinash Chindame for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 15th October, 2008 : 15th October, 2008 : 15th October, 2008 P.C. . Heard Counsel for the parties. Perused the pleadings and documents on record. Going by the communication sent by the respondent company dated December 18, 2007,to my mind, it is more than evident that the respondent has acknowledged the liability to pay atleast sum of Rs. 2,25,847/-. The argument of the respondent is that the figure mentioned in the Books of Accounts maintained by the respondent company is not correct. It is not possible to countenence this submission. Respondent cannot be permitted to argue that the Books of Accounts maintained by the company are erroneous. 2. It is then contended that part of the claim is barred by limitation. Even this submission does not commend to me. The communication sent by the respondent 2 dated 18th December, 2007 is in the nature of acknowledgment of liability. If so, the question of present action being barred by limitation does not arise. I have no hesitation in taking the view that the respondent is intentionally and wilfully not paying the amount due and payable to the petitioner. By way of indulgence, instead of straightway admitting the present company petition, I think it appropriate to give sometime to respondents to pay off outstanding dues of the petitioner. It is placed on record that the petitioner has confined his claim to the extent of only Rs. 2,25,847/- in the present petition and interest accrued thereon. In the circumstances, following order is passed. O R D E R i) The Respondent shall deposit sum of Rs. 2,26,000/- in this court within eight weeks from today failing which present petition shall stand admitted without further reference to the Court. ii) If amount is deposited in time, it will be open to the petitioner to withdraw the same on the expiry of four weeks from the date of deposit so as to enable the respondent to raise dispute, if so advised, before appropriate forum. It will, 3 however, be open to the petitioner to pursue remedy for recovery of further amount, if any, before appropriate forum which proceedings will be decided on its own merits in accordance with law. iii) In the event company petition stands admitted on account of this conditional order, petitioner shall take steps to advertise admission of the Petition in two local newspapers, namely, "Free Press Journal", "Navshakti" and in the Maharashtra Government Gazette. The Petitioner shall deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master towards the publication charges, within three weeks thereafter with intimation to the Company Registrar failing which the Petition shall stand dismissed for non-prosecution. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]