: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.927 OF 2008 In the matter of Section 433, 434 and 439 of the Companies Act, 1956 ; And In the matter of winding up of M/s.Nashik Forge Pvt. Ltd., a company incorporated under the Companies Act, 1956, having its registered office at 04, Chandradeep Housing Society Ltd., Opp. Church, Indira Nagar, Nashik 422 009. R.G.Chandak & Co. ..Petitioner. Mr.Vinod K. Sharma for the Petitioner. None for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 30TH JANUARY, 2009 DATED : 30TH JANUARY, 2009 DATED : 30TH JANUARY, 2009 P.C. : P.C. : P.C. : The Petitioner seeks an order of winding up of the company on the ground that it is unable to pay its debts. According to the Petitioner, the company is indebted to them in the sum of Rs.5,24,450/- in respect of goods sold and delivered by the Petitioner to the company on the terms and conditions contained in the invoices. 2. The company issued three cheques aggregating to the value of the invoices. The cheques however were : 2 : dishonoured. There is no reply to the statutory notice. There is no affidavit in reply. In the circumstances, there is no bona-fide dispute. 3. Interest has been claimed at 24%. Even assuming that no interest is payable, it would make no difference regarding the Petitioner’s case in this petition. However, with a view to give the company one more opportunity, the following order is passed:- i) In the event of the company paying the Petitioner a sum of Rs.5,00,000/- within four weeks of being served with a copy of this order, the Company Petition shall stand dismissed. ii) In case of failure on the part of the Company to pay the amount as aforesaid, the petition shall stand admitted and to be advertised in Free Press Journal, Maharashtra Times and Maharashtra Government Gazette. The Petitioner to deposit an amount of Rs.10,000/- with Prothonotary and Senior Master of this Court within four weeks from the date of default.