1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.999 OF 2009 M/s Conart Engineers Limited .. Petitioner Versus Ethypham LL Pvt. Ltd. .. Respondent Mr. N. K. Mudnaney for the Petitioner Mr. Ashutosh Gavnekar a/w Ms. Kanchan Dhan i/by Deven Dwarkadas and Partner for the Respondent CORAM : S. J. KATHAWALLA, J. DATE : 27th April, 2010 P.C.: By consent of the parties, the following order is passed: i. The respondent Company shall deposit an amount of Rs. 5,00,000/- (Rupees five lacs only ) with the Prothonotory and Senior Master of this Court within a period of two weeks from today. ii. Upon deposit of the said amount, the respondent Company shall forthwith inform the petitioner as well as their Advocate that the said amount has been deposited with the Prothonotory and Senior Master of this Court. 2 iii. Upon deposit of the said amount of Rs. 5,00,000/- by the Respondent, the Prothonotory & Senior Master shall invest the same in a nationalised bank initially for a period of six months and thereafter renew the same for six months at a time until further orders of the Court. iv. The disputes which are the subject matter of the Company Petition are referred to the sole arbitration of Mr. Ketan Parekh, Advocate who shall endeavour to pass his award within a period of four months from the date of the first meeting held before him. v. The parties shall bear the costs of the learned arbitrator equally. vi. All contentions of the parties are kept open. vii. In the event of the respondent Company failing to deposit an amount of Rs.5,00,000/- within a period of two weeks from today, 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 3 newspapers i.e. Free Press Journal and Maharashtra Times and Maharashtra Government Gazette. viii. Upon such default, the petitioner shall, within one week from the date of default, deposit with the Prothonotory and Senior Master, a sum of Rs. 10,000/- (Rupees ten thousand) towards publication charges, failing which the Company Petition shall stand dismissed for want of prosecution. ix. The Company Petition is accordingly disposed of with no order as to costs. (S. J. KATHAWALLA, J.)