1 cp83-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.83 OF 2011 Victoria Timber Supplying Co .. Petitioner versus New Consolidated Construction Co Ltd .. Respondent Mr.S.R.Saudagar for the petitioner. Mr.Mahesh Patil and Ms.Shobhana R. Waghmare i/by Mulani & Co for the respondent. CORAM : S.C.DHARMADHIKARI, J. 16th September 2011. P.C.: . Heard Mr.Saudagar appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent. 2 After this petition was argued for some time, both sides agreed that the following order may be passed: : O R D E R : (a) That the respondent will deposit in this Court a sum of Rs.38,000/- within a period of six weeks from today. (b) Upon intimation of the deposit to the petitioner, the 2 cp83-11.doc petitioner will file a suit before the competent Civil Court within a period of four weeks from the date of receipt of such intimation. (c) The amount deposited be then transferred to the credit of the suit. (d) All contentions of both sides in relation to the merits of that claim are kept open. (e) If there is default in depositing the sum, the company petition will stand admitted and later on the same be advertised in accordance with rules after the petitioner’s advocate deposit the advertisement charges within a period of four weeks from the date of admission. (f) If there is a deposit made by the respondent, but, the petitioner fails to file the suit within the time specified, the respondent can withdraw the same. (S.C.DHARMADHIKARI, J)