ORDER :

1. Heard learned advocate Mr. Harmish Shah for the petitioner and learned advocate Mr. P.T. Jasani for the respondent.

2. This petition is filed for winding up of the respondent-Company as it has failed to pay the debt of the petitioner under sections 433, 434 and 439 of the Companies Act, 1956.

3. This Court (Coram : Hon’ble Mr. Justice S.R. Brahmbhatt, As His Lordship was then) issued notice on 8th July, 2014. Thereafter, the matter was adjourned from time to time at the request of the learned advocates for either sides. On 28th August, 2017, this Court (Coram : Hon’ble Mr. Justice R.M. Chhaya) admitted the petition, however, advertisement of the petition was deferred.

4. It appears that thereafter, the matter has again been adjourned from time to time at the request of the parties to explore the possibilities of settlement and matter has never been heard on merits and no further progress has been made in the matter.

5. Learned advocate for the petitioner submitted that sufficient efforts are made to resolve the disputes between the petitioner and the respondent-Company but the same have failed.

6. On the other hand, learned advocate appearing for the respondent-Company submitt