1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO.22 OF 2009. In the matter of winding-up of M/s. Expressit Logistics Worldwide Limited. ..Company. M/s. Clover Infotech Pvt. Limited. ..Petitioner. .... Mr. M.S. Bhandari, i/b. Pranjali Bhandari, for Petitioner. Mr. Kunal Cheema, for Respondent. .... CORAM : S.J.KATHAWALLA, J. DATE : 28TH AUGUST 2009. P.C. By consent of the parties, the following order is passed :- (i) The respondent company shall deposit an amount of Rs.4,50,000/- with the Prothonotary and Senior Master, High Court, Bombay, within a period of 4 weeks from today. Upon deposit of the said amount, the petitioner shall file a suit pertaining to the subject matter of this petition against the respondent company. (ii) The amount deposited by the respondent company 2 shall be transferred to the suit account which the petitioner herein (defendant in the proposed suit) will be allowed to withdraw upon giving a bank guarantee of a Nationalised Bank guaranteeing to pay the said amount to the Prothonotary and Senior Master, as and when ordered by the Court in the said suit alongwith interest at the rate of 8% per annum. The petitioner (plaintiff in the suit) shall keep on renewing the said bank guarantee until the said suit is finally decided by this Court. (iii) In the event of the respondent company failing to deposit the said amount as ordered, the petition shall stand admitted without any further reference to this Court and shall be advertised in two local newpapers, namely “Free Press Journal”, “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 three weeks, with intimation to the Company Registrar failing which the petition shall stand dismissed for non-prosecution. 3 (iv) In the event of the petitioner not providing a bank guarantee as set out herein, the Prothonotary and Senior Master shall after giving written notice to both the parties, invest the said amount in a fixed deposit of a Nationalised Bank, and shall keep on renewing the fixed deposit for three years at a time until further orders of the Court passed in the suit filed by the petitioner herein. 2. Company petition is accordingly, disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]