1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.121 OF 2011 Bhaidas Cursondas and Co. Petitioner versus M/s.Ankur Drugs and Pharma Ltd. Respondent Mr.H.V.Chande for petitioner. Mr.P.P.Parikh for respondent. CORAM : S.J.KATHAWALLA, J. DATE : 1st July 2011 PC : 1. The following order is passed by consent of the parties :- (a) The parties agree that a sum of Rs.32,43,600/- and further interest @18.25% p.a. on Rs.32,43,600/- from 8.12.2010 till payment and/or realization was due and payable by the company to the petitioner as on the date of filing of the above petition against the respondent company; (b) The parties further agree that after filing of the petition the company has paid to the petitioner a sum of Rs.12.00 lakhs; (c) The parties agree that the balance of Rs.23,65,421/- shall be paid in full and final settlement of the petitioner's claim by the company as follows :- (i) Rs.10.00 lakhs on or before 30.6.2011; (ii) Rs.5.00 lakhs on or before 20.7.2011; (iii) Rs.5,43,600/- on or before 31.8.2011; (iv) Rs.3,21,821/- on or before 31.8.2011. 2 In fact, the post dated cheques in the above sums have already been handed over by the company to the plaintiff; (d) The company petition is disposed of. However, in the event of the respondent committing default in making payment of any of the above installments, the company petition shall stand revived without reference to this Court and shall stand admitted and made returnable after eight weeks from the date of default. The company petition shall be advertised in two local newspapers, namely `Free Press Journal' (in English) and in `Maharashtra Times' (in Marathi) and in Maharashtra Government Gazette. The petitioner shall deposit Rs.10,000/- towards publication charges with the Prothonotary & Senior Master within two weeks from the date of default, failing which the company petition shall stand dismissed. (S.J.KATHAWALLA, J.)