ndm 1 cp.366.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 366 OF 2009 Daman Wire and Insulation. ... PETITIONER Vs. Western Cans Pvt. Ltd. ... RESPONDENT -------------- None for the Petitioner. Mr. T.V. Jose, General Manager, Finance of Respondent present in person. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 14 th October, 2009. P.C. 1 The respondent company by their letter dated 23 rd September, 2009 offered to pay a sum of Rs. 6,04,779/- to the petitioner by six installments in full and final settlement of the petitioners’ claim. Six post dated cheques were also forwarded to the Petitioner. The petitioner has accepted the said cheques in full and final settlement of their claim. The company petition is therefore disposed of by the following orders: a. If, all the six cheques issued by the Respondent – ndm 2 cp.366.09.sxw Company to the petitioner are honoured upon presentation on its due dates, the petitioner will have no claim of whatsoever nature against the Respondent – Company. b. In the event of dishonour of any of the cheques upon presentment on its due date, the petition shall revive without reference to this Court and shall stand admitted and be advertised in 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 three 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 Company petition is accordingly disposed of with no order as to costs. [ S.J. KATHAWALLA, J ]