1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.587 OF 2002 Prakash Proteins & Fats Pvt. Ltd. ....Petitioner V/s. M/s.Junnar Farms Pvt.Ltd. ....Respondent Ms.K.C. Nichani for the Petitioner. Mr.S.A. Sawant for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 29TH JUNE, 2010. P.C. :- 1. This is a petition for winding up the Respondent company on the ground that it is unable to pay its debts in the sum of Rs.1,99,642/- together with interest thereon in respect of the goods sold and delivered by the Petitioner to the company. There is no defence on merits. There was no reply to the statutory notice dated 13.11.2001. 2. The contention that the claim is barred by limitation is unfounded. By a letter dated 25.9.1999, the company stated that there was a credit balance in the sum of Rs.1,99,642/- in its book. 3. The defence regarding interest is well founded. However, interest was claimed in the statutory notice at 24% p.a. 4. In view of the claim not being large and in view of the fact that there are no other parties who have appeared in support of the Petition, the following order is passed :- 2 i). In the event of the company paying to the Petitioner a sum of Rs.2,00,000/- together with interest thereon at 12% p.a. from 1.4.2001 till payment on or before 31.12.2010, the petition stands dismissed. ii). Further in the event of the company failing to make payment as aforesaid, the company petition is made absolute in terms of prayers (a) and (b). The Petitioner shall also be entitled to costs fixed at Rs.5000/- which the Petitioner is at liberty to claim in the winding up proceeding.