1 srk- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 1089 OF 2009 Rukmani JaichandRai Jain .. Petitioner Versus Siddhesh Steel Treatment Pvt. Ltd. .. Respondents Mr. Rahul Chitnis a/w Mr. Sayeed Mulani i/b M/s Mulani & Co. for the Petitioner. Mr. Dhanuka a/w Ms. Vaishali Choudhari for the Respondents. CORAM : S. J. KATHAWALLA, J. DATE : 13th April, 2010 P.C.: By consent of the parties, the following order is passed: i. The Respondent Company shall deposit an amount of Rs.10,00,000/- (Rupees Ten lacs) 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.10,00,000/- by the Respondent Company, the Petitioner shall file a Suit before this Court pertaining to the subject matter of this Petition. The Petitioner shall also forthwith inform the Advocate for the Respondent Company and forward a complete copy of the plaint in the Suit to the Respondent Company. iv. Upon filing of the said suit, the Prothonotory and Senior Master shall transfer the said amount of Rs.10,00,000/- to the Suit Account and shall invest the said amount in a nationalized bank for a period of one year at a time. However, the direction to invest the said amount would be subject to any ad-interim/interim orders passed by this Court in the suit filed by the Petitioner. v. The Petitioner shall be at liberty to take out appropriate proceedings seeking ad-interim/interim reliefs in the said suit which will be decided on its own merits. vi. All contentions of the parties are kept open. vii. In the event of the Respondent Company failing to deposit an amount of Rs.10,00,000/- within a period of six weeks from today, the Company Petition shall revive, without reference to this Court. The entire amount claimed by the Petitioner shall become due and payable to the Petitioner by the Respondent 3 Company. The Company Petition shall stand admitted, made returnable within six weeks from the date of default and advertised in two local news papers i.e. Free Press Journal (English) and Maharashtra Times (Marathi) and in the Maharashtra Government Gazette. viii. Upon such default, the Petitioner shall, within one week from the date of default, deposit with the Prothonotary and Senior Master, a sum of Rs. 10,000/- (Rupees ten thousand) towards publication charges, failing which the Company Petition shall stands dismissed for want of prosecution. ix. The Company Petition is accordingly disposed of with no order as to costs. (S. J. KATHAWALLA, J.)