1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.318 OF 2009 IN COMPANY PETITION NO.929 OF 2008 Arabian Exports Pvt.Ltd. ...Appellants v/s Mafco Ltd. ...Respondents Mr Janak Dwarkadas with Mr P.N. Modi i/b M/s Desai Desai Carrimjee and Mulla for Appellants. Mr V.R. Dhond with Mr B.B. Saraf i/b M/s Mahesh Jani and Co. for Respondents. CORAM : D.K. DESHMUKH AND R.G. KETKAR JJ. DATE : 7TH SEPTEMBER 2009. 2 P.C. :- 1] Admit, heard finally by consent of the parties. 2] The order passed by the learned Single Judge is modified and in the company petition following order is passed by consent of the parties. The appellants who are respondents in company petition to deposit an amount of Rs. 2,50,00,000/- in this Court with due notice to the respondents who are petitioners in the company petition within a period of six weeks from today. Failure of the appellants to deposit the amount would result in admission of the petition, in that event, the admission of the petition shall be advertised in two local newspapers viz. Free Press Journal, Navshakti and Maharashtra Government Gazette. In that event, the respondents shall deposit the amount with the Prothonotary and Sr. Master of this Court as directed by the learned 3 Single Judge. In case the appellants deposit the amount, its disposal shall be governed by the following order. In case the respondents who are petitioners in the company petition, file a civil suit, the disposal of that amount shall be governed by the orders that may be passed in that civil suit. In case the respondents do not file a civil suit or do not obtain suitable orders in relation to the amount deposited by the appellants in this Court, at the expiry of the period of six months from the date of deposit of the amount, the Prothonotary and Sr. Master of this Court shall permit the appellants to withdraw the amount with accruals if any. It is clarified that in case civil suit is filed within the aforesaid period, the disposal of the amount shall be governed by the orders that may be passed in civil suit. Appeal is disposed off. Notice of motion No.2816 of 2009 is disposed off. 4 Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )