1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa COMPANY PETITION NO. 694 OF 2009. In the matter of Petition under sections 433, 434 and 439 of the Companies Act, 1956; Mrs. Sandhya Mantri, Proprietress of M/s. Desarch Enterprises .. Petitioner. v/s. Essence Retail Ventures Pvt. Ltd. .. Respondents. .... Mr. Ketan A. Chothani for the Petitioners. Mr. Bipin Joshi for the Respondents. .... CORAM : S. J. KATHAWALLA, J. DATE : MARCH 3, 2010. P.C. The following order is passed by consent of the parties : :: O R D E R :: i. The Respondent Company shall pay an amount of Rs.10,51,000/- to the Petitioner, on or before 31st May, 2010, in full and final 2 settlement of the Petitioner's claim in the above Company Petition. ii. In the event of the Respondent Company failing to make the above payment on or before 31st May, 2010, as directed above, the entire amount claimed in the Company Petition shall become due and payable to the Petitiner, the Company Petition without reference to this Court, shall revive and stand admitted, made returnable within a period of six weeks from the date of the default and advertised in two local newspapers, namely “Free Press Journal”, and “Maharashtra Times” and in the Maharashtra Government Gazette. iii. The Petitioner shall deposit an amount of Rs. 10,000/- with the Prothonotary and Senior Master towards the publication charges, within one week from the date of the Respondent Company failing to deposit the said amount, 3 with intimation to the Company Registrar failing which the Petition shall stand dismissed for non-prosecution. iv. Company Petition, is accordingly disposed of with no order as to costs. [ S. J. KATHAWALLA, J. ]