1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa COMPANY PETITION NO. 753 OF 2009 In the matter of Petition under sections 433, 434 and 439 of the Companies Act, 1956 ; GKK Capital Markets Pvt. Ltd. .. Petitioners. v/s. India Infoline Ltd. .. Respondents. .... Mr. G. B. Kedia for the Petitioner. Mr. Rahul Chitnis a/w. Mr. A. S. Daver a/w. Mr. Sameer Khedekar i/b. Thakore Jariwala & Associates for Respondents. .... CORAM : S. J. KATHAWALLA, J. DATE : APRIL 22, 2010. P.C. By consent of the parties, the following order is passed : (i) The Respondent Company shall deposit an amount of Rs. 4,57,000/- with the Prothonotary and Senior Master, High Court, Bombay within a period of four weeks from today and inform the Petitioner of them having deposited the said amount of Rs. 4,57,000/-. 2 (ii) The Petitioner shall within a period of four weeks thereafter file a suit qua the subject matter of the Company Petition seeking appropriate reliefs. (iii) In the event of the Petitioner failing to file a suit within the stipulated period of four weeks, the Prothonotary and Senior Master shall hand over the said amount of Rs. 4,57,000/- 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. 4,57,000/- to the suit account and shall invest the said amount in a nationalized bank for a period of two years at a time. However, the direction to invest the said amount is 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 suit. 3 (vi) All the contentions of the Petitioner as well as the Respondent Company are kept open. (v) In the event of failure on the part of the Respondent Company in depositing said amount of Rs. 4,57,000/- as directed above, this Petition shall revive and stand admitted without any further reference to this Court and advertised in two local newspapers, 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 two weeks 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 with no order as to costs. [ S. J. KATHAWALLA, J. ]