1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO.714 OF 2009. In the matter of M/s. Yash Textiles Machines Pvt. Ltd. P.V. Thomas, Sole Proprietor of M/s. S.R. Industries. ..Petitioner. .... Mr. Ajay K.J. Pawicker, i/b. Ajay Law Asso., for Petitioner. Mr. Chetan Agrawal, i/b. Umesh M. Joshi, for Respondent. .... CORAM : S.J.KATHAWALLA, J. DATE : 16TH OCTOBER 2009. P.C. The following order is passed in the company petition by consent of the parties :- (i) The respondent company shall pay an amount of Rs. 8,67,603/- to the petitioners by pay order / banker’s cheque within a period of one week from today. The petitioners shall within a period of two weeks thereafter file a suit against the respondent company for its balance claim and inform the respondent company forthwith about the same. (ii) All the rights and contentions of the parties qua the balance claim of the petitioners, are kept open. 2 (iii) The petitioners as well as the respondent company shall be at liberty to take out appropriate proceedings seeking interim and ad-interim reliefs in the suit filed by the petitioners. (iv) In the event of respondent company failing to make payment of Rs.8,67,603/- within a period of one week from today, company petition shall revive and stand admitted without further reference to this Court and shall be advertised by the petitioner 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 the respondent company failing to pay the said amount, with intimation to the Company Registrar failing which the petition shall stand dismissed for non-prosecution. 2. Company application is accordingly disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]