1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa COMPANY PETITION NO. 14 OF 2010 In the matter of Companies Act, 1956 ; Anand Jamnadas HUF .. Petitioner. vs. M/s. Loyal Motors Pvt. Ltd. .. Respondents. .... Mr. Amar Talreja for Petitioner. Mr. R. K. Singh for Respondents. .... CORAM : S. J. KATHAWALLA, J. DATE : FEBRUARY 26, 2010. P.C. The following order is passed by consent of the parties : :: O R D E R :: i. The Respondent Company shall deposit an amount of Rs.1 lac with the Prothonotary and Senior Master, High Court, Bombay, within a period of two weeks from today and inform the Petitioner of them having deposited the said amount of Rs.1 lac. ii. The Petitioner shall within a period of two weeks thereafter file a suit qua the subject matter of the company 2 petition, seeking appropriate reliefs. iii. In the event the Petitioner failing to file a suit within the stipulated period of two weeks, the Prothonotary and Senior Master shall hand over the said amount of Rs. 1 lac to the Respondent Company after serving a written notice on the Petitioner. iv. Upon filing of the said suit, the Prothonotary and Senior Master shall transfer the said amount of Rs.1 lac to the suit account and shall invest the said amount in a Nationalized Bank for a period of one years at a time. However, the direction to invest the said amount would be subject to any ad-interim/interim orders passed in the suit filed by the Petitioner. v. The Petitioner shall be at liberty to take out appropriate proceedings seeking ad-interim/interim reliefs in the said suit. vi. In the event of failure on the part of the Respondent 3 Company in depositing the said amount of Rs. 1 lac as directed above, this petition shall revive, stand admitted, made returnable within six weeks from the date of default without reference to this Court, and advertised in two local newspapers, namely "Free Press Journal", and "Maharashtra Times" and in the Maharashtra Government Gazette. The Petitioner shall deposit an amount of Rs. 10,000/- with the Prothonotary and Senior Master towards the publication charges, within one week from the date of the Respondent Company failing to deposit the said amount, with intimation to the Company Registrar failing which the petition shall stand dismissed for non prosecution. 2. The Company Petition is, accordingly, disposed of. [ S. J. KATHAWALLA, J. ]