1 46.cp-189-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 189 OF 2011. Shreemira Food Industries Pvt. Ltd. ..Petitioners. vs. M/s. NuWave Technology Pvt. Ltd. ..Respondent. .... Ms. Mandakini D.S. Sinh, for Petitioner. Mr. M.A. Vaid, for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 14TH JULY 2011. P.C. : The following order is passed by consent of the parties :- (i) The Respondent Company agrees and undertakes to pay an amount of Rs.2,00,000/- to the Petitioner in full and final settlement of their claim as follows :- Details of the Cheque Amount Rs. (1) No.005376, dated 12/07/2011 of ICICI Bank. Rs.25,000/- (2) No. 005377, dated 12/08/2011 of ICICI Bank. Rs.25,000/- (3) No. 005379, dated 12/09/2011 of ICICI Bank. Rs.25,000/- (4) No. 005380, dated 12/10/2011 of ICICI Bank. Rs.25,000/- (5) No. 005381, dated 12/11/2011 of ICICI Bank. Rs.25,000/- (3) No. 005382, dated 12/12/2011 of ICICI Bank. Rs.25,000/- 2 46.cp-189-11 (2) No. 005383, dated 12/01/2012 of ICICI Bank. Rs.25,000/- (3) No. 005384, dated 12/02/2012 of ICICI Bank. Rs.25,000/- (ii) In the event of the Respondent Company committing any single default in payment of any of the above installments, the Company Petition shall revive without reference to this Court. The entire amount claimed by the Petitioner shall become due and payable to the Petitioner by the Respondent Company. The Company Petition shall stand admitted, made returnable within six weeks from the date of default and advertised in two local newspapers, namely, “Free Press Journal” (in English) and “Maharashtra Times” (in Marathi) and the Maharashtra Government Gazette. (iii) Upon such default, the Petitioner shall, within one week from the date of default, deposit with the Prothonotary and Senior Master, a sum of Rs.10,000/- towards the publication charges, failing which the Company Petition shall stand dismissed for want of prosecution. (iv) The Company Petition is accordingly disposed of with no order as to costs. [ S.J. KATHAWALLA, J. ]