1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION NO. 261 OF 2010. IN COMPANY PETITION NO. 59 OF 2010. M/s. Durga Bearing Pvt. Ltd. ..Petitioner. And M/s. India Steels Works Ltd. ..Applicant/ Org.Respondent. V/s. M/s. Durga Bearing Pvt. Ltd. ..Respondents/ Org.Petitioners. .... Mr. Kezer Kharawala, i/b. R. K. Associates, for Applicant/Org. Respondent. Mr. Vinod Kanojia, for Org. Petitioners. .... CORAM : S.J. KATHAWALLA, J. DATE : 7TH MAY 2010. P. C. Not on Board. Taken on Board. By this application, the applicants have prayed that the ex-parte order dated 13th April 2010 admitting company petition no. 59 of 2010 be recalled/set aside. 2. Heard learned Advocates appearing for parties. The order dated 13th April 2010 shall stand set aside, subject to the respondent company depositing with the Prothonotary and Senior Master of this Court an amount of Rs.2,64,000/- within a period of four weeks from today. 3. If the company fails to pay the said amount, the 2 returnable date shall stand extended by six weeks from the date of default and the petitioner shall proceed to advertise the petition as set out in the order dated 13th April 2010. 4. In the event of the respondent company depositing the sum of Rs. 2,64,000/- within a period of four weeks from today, the respondent company shall forthwith inform the petitioner and their Advocates of them having deposited the said amount and the petitioner shall within a period of two weeks thereafter, file a suit before the Appropriate Court against the respondent qua the claim forming subject matter of the above petition. 5. In the event of respondent company depositing an amount of Rs.2,64,000/-, the Office shall refund the sum of Rs. 10,000/- deposited by the petitioner towards the publication charges. 6. Upon such suit being filed by the petitioner, before the Appropriate Court, the Prothonotary and Senior Master shall transfer the said amount of Rs.2,64,000/- to the Appropriate Court, which amount shall be held by the Appropriate Court in the suit account. 7. The company application is accordingly, disposed of. [ S.J.KATHAWALLA, J. ]