1 2cp39-10.sxw srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 39 OF 2010 Haresh Petrochem Pvt. Ltd. .. Petitioners Versus Natural Petrochemicals Pvt. Ltd. (Formerly Divine Petrochemicals Pvt.Ltd.) .. Respondents Mr. Z.A. Jariwala i/b M/s Thakore Jariwala & Associates for the Petitioners. Mr. Kailash Kasat, Director of Petitioner present. Ms. Sunita Gosavi i/b Mr. M.S. Mhambrey for Respondents. Mr. Surendra Bhandari – Authorised Signatory of Respondents present. CORAM : S. J. KATHAWALLA, J. DATE : 6th April, 2010 P.C.: 1. The learned advocates appearing for the parties have tendered Consent Terms dated 6 th April, 2010. They submit that the Company Petition be disposed of in terms of Consent Terms. The Consent Terms are taken on record and marked “X” for identification. The Consent Terms are signed by the Petitioner and the Authorized Signatory of the Respondent who are both present in Court. Certified copy of the Resolution is also taken on record and marked “X-1” for identification. The Company Petition is disposed of in terms of the Consent Terms with the following modification: 2 2cp39-10.sxw 2 In the event of the Respondent-Company committing any two defaults or commits default qua the last installment the Company Petition shall revive without reference to this Court, stand admitted made returnable within six weeks from the date of default and advertised in Free Press Journal, Maharashtra Times and in the Maharashtra Government Gazette. The Petitioners shall within one week from the date of default also deposit an amount of Rs.10,000/- with the Prothonotary & Senior Master towards the publication charges, failing which the Petition shall stand dismissed for want of prosecution. It is further clarified that in the event of two defaults or the payment of last installment, paragraph no.7 of the Consent Terms shall forthwith come into effect. Company Petition is accordingly disposed of. (S. J. KATHAWALLA, J.)