1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Application No.271 of 2009 in Company Petition No.773 of 2008 In the matter of Petron Engineering Construction Ltd ..Applicant Jitendra Singh Rathore ..Respondent Mr.Prakash Shinde i/b J.Sugan Associates for applicant Mr.R.S.Champawat petitioner. CORAM: S.J.KATHAWALLA J. 7th October, 2009 P.C. 1 In company petition No.773 of 2008 an order dated 16th January 2009 was passed by this Court directing the respondent to deposit an amount of Rs.2,79,855/- in full and final settlement of the claim of the petitioner within a period of twelve weeks from the date of the said order. The said order also provided that in the event of 2 failure on the part of the respondent to deposit the said amount of Rs.2,79,855/- as directed, the company petition shall stand admitted and advertised. The respondent has failed to deposit the said amount. 2 The respondent thereafter took out the present application for setting aside of the order dated 16th January, 2009 on the ground that the same was passed exparte. At the ad-interim stage an order dated 2nd April, 2009 was passed whereby the order dated 16th January, 2009 was stayed. 3 I have heard the learned Advocates appearing for the parties. The order dated 16th January 2009 is set aside and the company petition is taken up for admission. The following order is passed by consent of the parties in the company petition. 4 The respondent shall forward bankers cheque/pay order of Rs.1,54,000/- to the Advocate for the petitioner on or before 3 21st October, 2009. In case respondent fails to pay the said amount on or before 21st October, 2009 as directed above the company petition shall revive and stand admitted without reference to Court. The petition shall be advertised in Free Press Journal , Maharashtra Times and Maharashtra Government Gazette. The petitioner shall deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master of this Court within a period of three weeks from the date of such default. Petition is accordingly disposed of. The company application also stands disposed of. (S.J.KATHAWALLA J.)