((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1014 OF 2003 Ruby Ceramics Pvt.Ltd. Petitioner versus Pedder & Pedder Tiles Ltd. Respondent Gauri Godse for petitioner. None for respondent. CORAM : A.M.KHANWILKAR, J. DATE : 07th January 2008 PC : 1. Heard counsel for the petitioner. None appears for the respondent though served. In fact, on the earlier occasion the counsel for the respondent informed the Court that BIFR proceedings in respect of respondent company are pending. The respondent was expected to justify that position on affidavit which has not been done so far. On the other hand, the office remark indicates that no proceedings are pending in BIFR in the name of respondent company. In that sense, I will have to proceed on the assumption that the respondent company is not before BIFR.. ((-2-)) MST 2. After having gone through the materials on record I am in agreement with the stand taken on behalf of the petitioner that the respondent company has failed and neglected to pay the outstanding dues. In fact, the respondent company has accepted its liability as well as inability to pay the outstanding dues in its letter dated 30th October 2002. In spite of indulgence shown by the petitioner the amount was not forthcoming, for which reason the petitioner was required to issue statutory notice. The respondent did not reply to the statutory notice. 3. The liability of respondent company arises on account of goods sold, delivered and supplied to the respondent company as per orders received by the petitioner from time to time. The outstanding amount is far in excess of the statutory limit of Rs.500/- In the circumstances, the petitioner has made out formidable case for admission of the petition. However, in the peculiar facts of present case I proceed to pass following conditional order. 4. ORDER :- ((-3-)) MST a) The respondent shall deposit a sum of Rs.2,58,972/- (Rs.Two lakh fifty eight thousand nine hundred seventy two only) in this Court within eight weeks from today which amount, if deposited, be invested in a fixed deposit scheme in a nationalised bank to enure till the disposal of the petition or till further orders to be passed by this Court; b) In the event the respondent fails to deposit the amount as aforesaid within the specified time, this petition shall stand admitted. The petitioner would then be free to advertise admission of the present petition without further reference to the Court; c) In the event the the petitioner is required to advertise admission of the present petition as aforesaid, shall publish the advertisement in two local newspapers, namely, "Free Press Journal", "Navshakti" and in the Maharashtra Government Gazette. For that purpose, the petitioner shall deposit an amount of Rs.10,000/- (Rs.Ten Thousand only) with the Registrar (O.S.)/ Prothonotary & Senior Master towards the publication charges within three weeks from expiry of eight weeks period, failing which the petition shall stand ((-4-)) MST dismissed for non prosecution without further reference to the Court. d) The petitioner shall intimate the respondent about the directions issued under this order forthwith. (A.M.KHANWILKAR, J.)