Vikeet Kothari, J.

Heard learned counsel for the petitioner Mr. S.S. Nagao and, senior advocate. Mr. S.V. Rajesh, earlier appearing for the respondent-company, Kingfisher Airlines Lid. (KFA Ltd.), has filed a memo withdrawing his Vakalath from the said case and he submits that lie has no further instruction to appear ant argue on behalf of the respondent-company.

2. The said respondent-company is a company against which several winding up petitions have been filed in this court and several of the creditors are before this court seeking the winding up of the said company for failure to pay its admitted debts. Similarly, several winding up petitions have also been filed against its holding company, M/s. United Breweries (Holdings) Ltd., (UBHL), which had also given guarantee to discharge the debts of the respondent-KFA Ltd., and on account of alleged failure to honour and discharge its guarantee obligations, such winding up petitions were filed against UBHL by the consortium of banks and financial institutions led by SBI. But while UBHL is hotly contesting those winding up petitions filed against it, it has not put forth any defence against the present winding up petition or against host of other winding up petitions against its own subsidiary KFA Ltd., though both batch of cases came up for hearing on the same day.

3. A detailed admission order was passed by the co-ordinate Bench of this court on December 6, 2013 against which, the respondent-company, at that point of time, took the matter before the Division Bench of this court by way of intra-court appeal, namely, O.S.A. No. 20 of 2014 (Kingfisher Airlines Ltd v. Aerotron Ltd. [2015] 192 Comp Cas 328 (Kam)) which too, came to be dismissed by the Division Bench of this court on July 15, 2015 Admittedly, even thereafter, nothing was apparently paid to any of the creditors by the respondent-company towards its admitted debts and the respondent-company also does not appear to have made any alternative arrangements whatsoever either for payment of any of its admitted dues of the petitioning creditors before this court or even appearance of any other advocate to oppose this winding up petition. Mr. Uday Holla, senior advocate, appearing for the holding company UBHL, to oppose winding up petitions against UBHL also refused to have any instruction to oppose the winding up petition against the respondent-company, KFA Ltd.

4. The relevant extract of order of admission passed on December 6, 2013 by the hon'ble Mr. Justice Anand Byrareddy, is quoted below :

"Mr. S.S. Naganand, senior advocate along with Sri A.C. Achappa, advocate, M/s. NDA Partners for the petitioner.

Mr. K.G. Raghavan, senior advocate for the respondent.

ORDER

The petitioner is said to be a company incorporated under the laws of England and Wales, having its registered office at West Sussex, United Kingdom. The petitioner seeks that the respondent-company be wound up under the provisions of the Companies Act, 1956 and for the appointment of a liquidator.

2. The respondent is a company incorporated under the Companies Act, 1956, having its registered office at Bangalore. It is said to be a scheduled commercial passenger airline and was incorporated in the year 1996. The share capital of the respondent is Rs. 4,250 crores, consisting of 165 crores equity shares of Rs. 10 each and 26 crores preference shares of Rs. 100 each. The issued and paid-up capital of the respondent is said to be Rs. 10,50,87,92,230.

The petitioner is said to be a supplier of ratable aircraft components and other allied activity. It is said to have supplied several ratable aircraft components to the respondent. One of the terms of sale was that the respondent should pay all invoices raised, within 30 days of the date of the invoice. The respondent is said to have defaulted in making payments. As of January 31, 2012 the respondent was said to be due to the petitioner, a sum of US$ 5616024.12, including interest.

As the respondent was unable to pay the