IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal Lodging No. 29l of 2004 in Company Petition No.408 of 2003 with Notice of Motion No.l565 of 2004 Delta Mechcons (India) Ltd.. appellants vs Yogendra L Kandhuri and ors.....Respondents Mr.Anurag Gokhale i/b Milan Bhise and co for appellants M Sanklecha with S P Bharti for respondents CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. Dated l7.l.2005 Dated l7.l.2005 Dated l7.l.2005 P.C: Heard advocates. . Undertaking of the Chairman and Managing Director of the appellant company tendered by the learned counsel for the company taken on record and marked "X" for identification. . In view of the undertaking of the Chairman and Managing Director of the company, the order under appeal is set aside. Appellant company shall make deposit of the balance amount by instalment as per the undertaking with effect from February 2005 and the respondent is at liberty to withdraw the amount deposited by the Appellant company. In case of any single default in payment of instalments the appeal to stand dismissed and the order of the learned single Judge to stand revived and the undertaking would become enforceable. The appeal is accordingly disposed of. Certified copy is expedited.