1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 220 OF 2009 Sajjan Kumar Gupta ..Petitioner. v/s. East “N” West Road Carriers Pvt.Ltd. ..Respondent. Mr.Rakesh G. Jain for petitioner. None for Respondent. CORAM:- A.M.KHANWILKAR, J DATED :- JULY 9, 2009. P.C. 1. None appears for the Respondent though served. No reply has been filed to oppose this Petition. From the averments in the Petition, which have remained uncontrovertd, it is noticed that the Petitioner gave loan to the Respondent Company for its business purpose by cheque. The amount was duly aaccepted by the Respondent Company. In fact, the Respondent company offered interest on the loan amount to the Petitioner. When the amount became payable and inspite of repeated reminders the Respondent Company failed to pay principal amount and interest accrued thereon, the 2 Petitioners sent statutory notice on 30th July, 2008. In response, the Respondents by Advocate’s letter stated that they were not liable to pay any amount. Eventually, present Petition is filed. This Petition has been duly served on the Respondent. Inspite of service as aforesaid, no reply has been filed to counter the assertions made in the Petition. As a result, this Court has no option but to accept the case made out by the Petitioner as it has remained uncontroverted. Accordingly, Petition deserves to be admitted. However, having regard to the fact that the claim amount is only Rs. 3,07,500/-, I proceed to pass following order. 2. The Respondent shall deposit amount of Rs.3,07,500/- in this Court within four weeks from communication of this order, failing which the Petition shall stand admitted. In that event, the Petitioner will be free to advertise the admission of the Petition in two local news papers, 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 & Senior Master towards the publication charges, within three weeks thereafter with intimation to the Company Registrar, failing which the Petition shall stand dismissed for non-prosecution. 3 3. If the amount is deposited in time, the Respondent company may proceed to institute suit for appropriate relief within four weeks thereafter, failing which, it will be open to the Petitioner to withdraw the said amount, in which case, the Petition will stand disposed of. However, if the Respondent files suit before appropriate Court, the amount deposited in this Court by the Respondent shall stand transferred to the said suit account and will be subject to the outcome of the said proceedings. In that case, the Petition shall stand disposed of. Ordered accordingly. (A.M.KHANWILKAR, J)