1 (CP 445 and 446 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 445 OF 2010 WITH COMPANY APPLICATION NO.288 OF 2011 P.N. Shipping Agency ...Petitioner Vs. Oleofine Organics (India) Private Limited ...Respondent WITH COMPANY PETITION NO.446 OF 2010 WITH COMPANY APPLICATION NO. 289 OF 2011 P.N. Shipping Agency ...Petitioner Vs. Fine Organics Industries Pvt. Ltd. ...Respondent --- Mr.Zulfi Jariwala i/b. Thakore Jariwala & Co. for Petitioner Ms. Alpana Ghone a/w. Mr. Mahesh J. Devani for Respondent --- CORAM: S.J. KATHAWALLA J. DATED: 28th July, 2011 P.C. The following order is passed by consent of the parties. 2 (CP 445 and 446 of 2010) i. The Respondent Company shall pay an amount of Rs.17,50,000/- to the Petitioner in full and final settlement of the Petitioner’s claim in the above two petitions within a period of eight weeks from today. ii. Upon payment of the said amount, agreed in clause (1) above by the Respondent Company to the Petitioner, the Petitioner shall have no claim of whatsoever nature against the Respondent Company. iii. In the event of default on the part of the Respondent Company in making the payment of Rs.17,50,000/- within a period of eight weeks from today, the Company Petition shall revive, without reference to this Court. The entire amount claimed by the Petitioner shall forthwith 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 news papers i.e. Free Press Journal (in English) and Maharashtra Times (in Marathi) and in the Maharashtra Government Gazette. 3 (CP 445 and 446 of 2010) iv. 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/- (Rupees ten thousand) towards publications charges, failing which the Company Petition shall stand dismissed for want of prosecution. The Company Petitions are , accordingly, disposed of. The Company Applications are also disposed of. (S.J. KATHAWALLA J.)