1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 789 OF 2009 Supangita Engineers Pvt. Ltd. .. Petitioner Versus Precision Power Products (I) Pvt. Ltd. .. Respondent Mr. Sunil Purohit a/w Mr. Aditya Mehta i/b Ramchand Mangaldas and S.A. Shroff & Co. for the petitioner Mr. Girish B. Kedia for the respondent CORAM : S. J. KATHAWALLA, J. DATE : 17 th March, 2010 P.C.: By consent of the parties, the following order is passed: i. The respondent Company shall deposit an amount of Rs. 2,31,000/- (Rupees two lacs thirty one thousand) with the Prothonotory and Senior Master of this Court within a period of six weeks from today. ii. Upon deposit of the said amount, the respondent Company shall forthwith inform the petitioner as well as their Advocate that the said amount has been deposited with the Prothonotory and Senior Master of this Court. 2 iii. Within two weeks from the date of deposit of the said amount of Rs.2,31,000/- by the respondent Company, the petitioner shall file a Suit before the appropriate Court at Aurangabad pertaining to the subject matter of this petition and seek appropriate reliefs. The petitioner shall also forthwith forward a complete copy of the plaint in the Suit to the respondent Company. iv. Upon such suit being filed by the petitioner before the Court at Aurangabad, the Prothonotory and Senior Master shall transfer the said amount of Rs.2,31,000/- to the Court at Aurangabad which amount will be invested by the said Court, subject to any ad-interim/interim orders passed by the said Court. v. The parties shall be at liberty to move an application before the Court at Aurangabad seeking ad-interim/interim reliefs. vi. All contentions of the parties are kept open. vii. In the event of the respondent Company failing to deposit an amount of Rs.2,31,719/- within a period of six weeks from today, the Company petition shall, without reference to this Court, stand revived, admitted and advertised in two local newspapers i.e. Free Press Journal and Maharashtra Times and Maharashtra Government Gazette. 3 viii. Upon such default, the petitioner shall, within one week from the date of default, deposit with the Prothonotory and Senior Master, a sum of Rs. 10,000/- (Rupees ten thousand) towards publication charges, failing which the Company Petition shall stand dismissed for want of prosecution. ix. The petition is accordingly disposed of with no order as to costs. (S. J. KATHAWALLA, J.)