IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Petition No. 980 of 2007 In the matter of M/s Blazeflash Couriers Ltd. M/s Lucky Forms Pvt.Ltd. ..Petitioner Ms.Pratibha Chalke i/b Pradip P.Shukla and Co. for petitioner. Mr.Ganesh S.Vaidya for respondent. CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI J. J. J. 27th June 2008 27th June 2008 27th June 2008 P.C. P.C. P.C. 1. The petitioner claims that the company is unable to pay its debts as the amount specified in the particulars of claim and interest namely Rs.3,56,382/- is due and payable. Rs.2,38,181/- is the principal amount. The claim arises on account of the transaction more particularly set out in the petition. It is specifically stated in the petition that as per the orders placed by the respondents, the goods were delivered which have been accepted without any dispute as to the quality or quantity. The invoice details are set out and the principal amount referred to above is stated to be payable. The petitioner called upon the respondent to pay the same but ultimately the Advocate’s notice dated 4th October, 2006 was sent to which a reply has been received which is annexed as Exhibit G-1. The reply states that the company is willing to clear the debt by making payment on deduction of 25% of the value. This is a letter of 30th October, 2006 to which a rejoinder is sent on 7th December, 2006 by the petitioner and the above claim is reiterated. 2. Now, the reply affidavit is filed and in the reply affidavit it has been stated that the respondents admit to have received the bills pertaining to consignment mentioned in page 3 of the petition except consignment no.1202/VT-06 dated 18th July, 2005 amounting to Rs.1,39,511/- The respondent has reiterated its statement and stated that it is willing to make payment of all consignments except above. 3. After the matter was argued for some time both sides agreed that following order may be passed. Hence order. 4. On respondents depositing in this Court a sum of Rs.2,00,000/- within a period of four weeks from today, the petitioner to file a suit in the competent court within two weeks thereafter and the amount deposited shall stand transferred to the credit of that suit. All claims and counter claims to be gone into and all contentions are kept open for being urged in the said proceedings. Needless to state that in default of deposit the company petition to stand admitted and thereafter all consequences in law shall follow. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)