IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Petition No.426 of 2007 In the matter of G.FABS Automotive (India) Pvt.Ltd. Radhaballabh Silk Mills Pvt.Ltd. ..Petitioners Ms.Manorama Mohanty i/b Mr.S.K.Srivatsva for petitioners. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 24th April, 2008 24th April, 2008 24th April, 2008 P.C. P.C. P.C. 1. It is not disputed before me that the petitioner has filed a summary suit against the respondent company on the Original Side of this Court. After the appearance was filed a summons for judgment was moved in the said summary suit and leave to defend was sought by the respondent company. After hearing both sides this Court passed the conditional order directing the respondent company to deposit a sum of Rs.10,00,000/- within the time stipulated in the order. 2. Now the learned advocate appearing for the petitioner informs me that the company has not complied with this order. Needless to state that the petitioner would then be entitled to a decree in the summary suit and decree can also be executed. The decree is yet to be passed in the summary suit and, therefore, in the peculiar facts of this case when the summons for judgment is decided and conditional order has been passed, interest of justice would be subserved if the company petition is disposed of with liberty to the petitioner to file a fresh petition and invoke provisions of section 434(1)(b) of the Companies Act, 1956. Petition is disposed of with liberty as above. No costs. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)