-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.193 OF 2008 In the matter of Tops Security ... Company H.D.Parekh (H.U.F.) Proprietor, Raj Corporation : Petitioner ... Mr.Chandrashekhar i/b. Vivek Sharma for the petitioner. Mr.C.D. Patel i/b. Bekay Legal for the respondent. ... CORAM : S.A.BOBDE, J. DATE : JULY 25, 2008. P.C. Heard. 2. The petitioner has claimed a balance sum of about Rs.1,36,977/- against the company as an amount of unpaid price of goods supplied by the petitioner. Apparently, the company had paid a sum of Rs.4,50,000/-. The statutory notice has not been replied to. Hence, this petition. 3. The only defence raised on behalf of the company is that the goods were defective. There is no material on record to show that the company had taken this stand before the petition was filed. The contention seems to be an after-thought. The defence does not appear to be bona -: 2 :- fide. Hence, the company is directed to deposit a sum of Rs.1,36,977/- in this Court within a period of four weeks from today, failing which the Company Petition shall stand admitted and the petitioner shall advertise the petition in two local newspapers, viz., "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 from the date of default with an intimation to the Company Registrar, failing which the petition shall stand dismissed for non-prosecution. 4. In case the said amount is so deposited as directed hereinabove, the Company Petition to stand dismissed and the petitioner to file a suit within a period of four weeks from the date of the communication of the deposit by the Advocate for the respondent to the Advocate for the petitioner. If such a suit is filed, then the deposit will go to the credit of the said suit. The Prothonotary & Senior Master, High Court, Bombay, to invest the said amount in Fixed Deposit of any Nationalised Bank for a period of three years initially and to renew the same from time to time till further orders. In the event the suit is not filed within the stipulated period, the company will be at liberty to withdraw the amount. -: 3 :- S.A. BOBDE, J.