1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 390 OF 2009 Vikram Deshpande .. Petitioner V/s. Sewri Engineering Construction Company Pvt. Ltd. .. Respondent. --- Mr. Riyaz Chagla a/w. Mr. K.Y. Adhia for the Petitioner. Mr. N. Engineer a/w, Mr. Amit Yadkikar i/by M/s. Desai & Diwanji for the Respondent. --- CORAM : S.J.KATHAWALLA J. Dated : 24th September, 2009 P.C. 1. The respondent company through its counsel undertakes to pay an amount of Rs. 1,46,000/- to the petitioner within four weeks from today i.e. On or before 22nd October, 2009. It is clarified that the amount that will be paid by the respondent company to the petitioner strictly pertains to the claim of the petitioner raised in the company petition. 2 2. In the event of failure on the part of the respondent company to pay the said amount of Rs. 1,46,000/- to the petitioner on or before 22nd October, 2009, the Petition shall revive and stand admitted without reference to this court. The petition shall, thereafter, be advertised by the petitioner in two local news papers, 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 from the date of failure by the respondent to pay Rs.1,46,000/- to the petitioner, with intimation to the Company Registrar, failing which the petition shall stand dismissed for non -prosecution. (S.J.KATHAWALLA J.)