1 IN THE H IGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 773 OF 2000 Ashok Leyland Finance Limited. ... Petitioner Vs Nisarga Forests (India) Ltd. ... Respondent Ms. Shakuntala Joshi for the Petitioner. None for the Respondent. CORAM : S.J, VAZIFDAR, J. DATED : 7TH JUNE, 2010 P.C. : 1. This is a Petition for winding up of the company on the ground that it is unable to pay its debts. 2. According to the Petitioner, a sum of Rs.10,00,000/- is payable by the company to the Petitioner. The claim arises on account of a hire-purchase agreement. The subject matter of the hire-purchase was a car. The amounts due under the hire-purchase agreement not having 2 been paid despite the company having availed of the benefits of the agreement, the Petitioner called upon the company to pay the said amount which they failed and neglected to do. There was no reply to the statutory notice. 3. In the circumstances, the Company Petition is made absolute in terms of prayers (a) and (c) which read as under :- “(a) that NISARGA FORESTS (INDIA) LTD., be wound up by and under the orders and directions of this Honourable Court under the provisions of the Companies Act 1956; and the official liquidator, High Court, Bombay, be appointed Liquidator of the Company with all its assets, affairs and business together with all its papers, vouchers, files, books of account and document with all powers under the provisions of the Companies Act 1956; (c) that the cost of this petition and orders to be made thereon be provided for;” 4. Costs are fixed at Rs.10,000/- to be recovered in the winding up proceedings. The Provisional Liquidator appointed by an order dated 21st February, 2001, is appointed as the Official Liquidator in and for the purpose of winding up.