1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 164 OF 2010. Bay-Forge Limited. ..Petitioner. v/s. Kirloskar Pneumatic Co. Ltd. ..Respondent. .... Mr. Ashwin Shankar, for Petitioner. Mr. B. Saraf, a/w. Ms. I. Sen, a/w. Mr. Mohan Salian, i/b. Gagrats, for Respondent. Mr. K. Phadke, Representative of Respondent, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 23RD SEPTEMBER 2010. P.C. The following order is passed by consent of the parties :- (i) An amount of Rs.73,90,833/- shall be paid by the Respondent Company to the Petitioner in three installments as follows :- (a) Rs.25,00,000/- by way of a cheque dated 25th October 2010 to be sent to the Petitioner on or before 25th October 2010. (b) Rs.25,00,000/- by way of a cheque dated 25th November 2010 to be sent to the Petitioner on or before 25th November 2010. (c) Rs.23,90,833/- by way of a cheque dated 25th December 2010 to be sent to the Petitioner 2 on or before 25th December 2010. (ii) The petitioner is at liberty to file a Suit qua the balance disputed claims of the Petitioner in the present Petition. (iii) In the event of any default in payment of any of the above three installments, the Company Petition shall stand admitted and made returnable within a period of six weeks from the date of default and advertised in two local newspapers, namely, “Free Press Journal” (in English) and “Maharashtra Times” (in Marathi) and in the Maharashtra Government Gazette without any further reference to this Court. The Petitioner shall within a period of two weeks from the date of this order, deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master of this Court towards the publication charges, with intimation to the Company Registrar, failing which the Petition shall stand dismissed for non-prosecution. 2. The Company Petition is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]