1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION COMPANY COMPANY COMPANY APPLICATION NO.547 OF 2007 APPLICATION NO.547 OF 2007 APPLICATION NO.547 OF 2007 M/s M/s M/s Indian Infrastructure Equipments Indian Infrastructure Equipments Indian Infrastructure Equipments ...... Petitioner. Petitioner. Petitioner. vs vs vs M/s M/s M/s Niraj Cement Structurals Pvt. Niraj Cement Structurals Pvt. Niraj Cement Structurals Pvt. Ltd Ltd Ltd ...... Applicant Applicant Applicant (Orig.Respondent) (Orig.Respondent) (Orig.Respondent) Mr.Tejas Mr.Tejas Mr.Tejas Deshpande Deshpande Deshpande for Applicant for Applicant for Applicant None None None for for for Respondent Respondent Respondent CORAM CORAM CORAM : : : DR.D.Y.CHANDRACHUD, J DR.D.Y.CHANDRACHUD, J DR.D.Y.CHANDRACHUD, J DATED DATED DATED : : : 15th June, 2007 15th June, 2007 15th June, 2007 P.C. P.C. P.C. 1.1.1. At the hearing of the Company Application, it At the hearing of the Company Application, it At the hearing of the Company Application, it has has has been stated by learned counsel for the been stated by learned counsel for the been stated by learned counsel for the applicant applicant applicant that the applicant (Original respondent) that the applicant (Original respondent) that the applicant (Original respondent) has has has now now now obtained a demand draft of Rs.11.70 lacs in obtained a demand draft of Rs.11.70 lacs in obtained a demand draft of Rs.11.70 lacs in favour favour favour of the Prothonotary and Senior Master and of the Prothonotary and Senior Master and of the Prothonotary and Senior Master and that that that the the the delay in furnishing the deposit within the delay in furnishing the deposit within the delay in furnishing the deposit within the period period period stipulated in the order dated 21st March, stipulated in the order dated 21st March, stipulated in the order dated 21st March, 2007 2007 2007 may be condoned. Learned counsel states that may be condoned. Learned counsel states that may be condoned. Learned counsel states that the the the Company Application has been served on the Company Application has been served on the Company Application has been served on the respondents respondents respondents to the Company Application. Since the to the Company Application. Since the to the Company Application. Since the applicant applicant applicant is now in a position to furnish a demand is now in a position to furnish a demand is now in a position to furnish a demand draft draft draft of the amount as directed, there is no reason of the amount as directed, there is no reason of the amount as directed, there is no reason why why why the delay should not be condoned. the delay should not be condoned. the delay should not be condoned. 2.2.2. The Prothonotary and Senior Master is directed The Prothonotary and Senior Master is directed The Prothonotary and Senior Master is directed 2 toto to accept the deposit if made on or before 18th accept the deposit if made on or before 18th accept the deposit if made on or before 18th June, June, June, 2007. 2007. 2007. (Dr.D.Y.Chandrachud, (Dr.D.Y.Chandrachud, (Dr.D.Y.Chandrachud, J) J) J) .........