1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 696 OF 2009. Hitesh Hasmukh Panchal & Anr. ..Petitioners. v/s. Pushpa Steels Pvt. Lt.d ..Respondent. .... Mr. Shishir Tejpal, a/w. Ashok Varma, i/b. Tejpal & Co., for Petitioners. Mr. Simil Purohit, i/b. M/s. Markand Gandhi & Co., for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 14TH JANUARY 2010. P.C. The following order is passed by consent of the parties. i) The respondent company shall deposit an amount of Rs. 2,50,000/- with the Prothonotary and Senior Master, within a period of three weeks from today. ii) Upon deposit of the said amount of Rs. 2,50,000/- the learned Advocate appearing for the respondent company shall inform the learned Advocate for the petitioners and the 2 petitioners shall within a period of three weeks thereafter file a suit before this Court pertaining to the subject matter of the present company petition. iii) Upon such suit being filed by the Petitioner, the Prothonotary and Senior Master shall transfer the said amount of Rs.2,50,000/- deposited by the respondent company to the suit account and shall invest the said amount in any nationalised bank for a period of two years at a time. However, the direction to invest the said amount is subject to any ad-interim/interim orders passed in the suit filed by the petitioner. iv. In the event of the petitioners not filing the suit within a period of three weeks from the date of the said deposit, the respondent company shall be at liberty to withdraw the said amount deposited with the Prothonorary and Senior Master. v. All the contentions of the parties are kept open. vi. Company petition is, accordingly, disposed of. [ S.J.KATHAWALLA, J. ]