1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Petition No.374 of 2009 In the matter of Tesa Tapes (India) Private Limited Infanto J.Barboza ..Petitioner Mr.J.K.Hegde for petitioner. Mr.K.S.Bapat with Mr.Jayesh Desai i/b M/s Desai and Desai Associates for respondent no. 1. CORAM: S.J.KATHAWALLA J. 25th September, 2009 P.C. 1 The following order is passed in the above company petition by consent of the parties: i) The respondent company shall deposit an amount of Rs.52,000/- with the Prothonotary and Senior Master within two weeks from today. ii) On failure of the respondent company to deposit the said amount of Rs.52,000/- as directed hereinabove the petitioner shall 2 stand admitted and advertised. The petitioner to advertise the petition in two local newspapers, namely, Free Press Journal, Maharashtra Times and in the Maharashtra Government Gazette. The petitioner shall deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master towards the publication charges, within three weeks from the date of default with intimation to the Company Registrar failing which the petition shall stand dismissed for non prosecution. iii) In the event of the respondent depositing the said amount and informing the learned Advocate appearing for the petitioner about the same, the petitioner shall file a suit in respect of his claim against the respondent within a period of four weeks thereafter. The respondents are also at liberty to file their counter claim, if any. iv) The parties shall also be at liberty to apply for ad-interim/interim relief in the 3 said suit. vi) Upon failure of the petitioner to file the suit as directed herein above the respondent company shall be entitled to withdraw the said amount which shall be so handed over by the Prothonotary and Senior Master to the respondent company after giving written notice to the petitioner and his Advocate. vi) Upon depositing the said amount and the petitioner filing a suit as directed hereinabove, the Prothonotary and Senior Master shall transfer the said amount of Rs. 52,000/- to the suit account. vii) Gratuity amount retained by the respondent company shall be handed over to the petitioner immediately upon his filing of the suit as directed hereinabove and informing the respondent company about the same. viii) All contentions of both the 4 parties are kept open. 2 Company Petition is accordingly disposed of with no order as to costs. (S.J.KATHAWALLA J.)