1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1162 OF 1999 Alpic Finance Ltd. ..Petitioner V/s. The Sensational Perfumes & Cosmetics Pvt.Ltd. ..Respondent. Mr.S.Ramakanta, Dy.O.L. for Petitioner. None present for Respondent. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : NOVEMBER 28, 2008. : NOVEMBER 28, 2008. : NOVEMBER 28, 2008. P.C. P.C. P.C. : : : 1. None appears for the Respondent though served. Present Petition was filed by Alpic Finance Ltd., which Company has subsequently gone in liquidation. As a result the Official Liquidator is espousing the cause of original Petitioner company. This Petition praying for winding up of Respondent company has been admitted on account of selfoperative order passed on 27th January, 2000. The said order was invited by the Respondent company, as it was passed on the basis of minutes of the Consent Terms. As per the Consent Terms filed by the Respondent company, the Respondent admitted its liability to pay atleast sum of Rs.45 Lakhs to the Petitioner as on January, 2000. The Respondent company has failed to abide by the terms of payment in instalment specified 2 in the said minutes of the order. As a result, Company Petition stood admitted. As per the direction issued in order dated 21st June, 2002, the Official Liquidator has issued publication. Affidavit of publication has already been filed. Inspite of service of notice before admission as well as Notice under Rule 28, the Respondent has not chosen to appear before this Court. Besides even recent publication, the Respondent has no intention to appear before the Court. No reply has been filed to give justification of not complying with the consent order invited on 27th January, 2000. I have no hesitation in taking the view that the Respondent company is unable to pay its debt. In the circumstances, Petition deserves to be allowed in terms of prayer clauses(a) and (b). 2. Accordingly, it is ordered that the Respondent company be wound up with immediately effect. The Official Liquidator shall take over possession of the assets of the Respondent company forthwith and proceed in accordance with the law. 3. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)