1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Company Application No.45 of 2007. In Company Petition No.7 of 2006. K.D.Ink v M/s Nav Bharat Press (Bhopal) Pvt. Ltd., Nagpur. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri V. R. Mundra, Advocate for the for the appellant. Shri A. S. Jaiswal, Advocate for Respondents 1 to 3. Coram : A.H. Joshi, J. Dated : 25th June, 2009. 1. The consent terms were taken on record and order was passed on 21-12-2006. 2. The first installment was due on 1st January 2007 and as shown in the application, the money was not paid on the due dates. First installment due as per consent terms was paid by Demand Draft dated 4-7-2007, which was actually encashed on 7-1-2007. 3. It is seen that between 7-1-2007, till the entire amount was received, any motion for revival of Company Petition and commencement of winding up proceeding based on order dated 21-12-2006 was not made. 4. It is seen from para 2 of the application that the Schedule of payment is not adhered, however, 2 the amount has been paid. 5. The present application is filed on 16-4-2007, i.e. after receiving money as per promise. Punctual effort to report the failure was not made. 6. The applicant is free to recover the money due if any, treating the promise leading to disposal of the petition brought on record through consent terms as broken, and if so advised. Reserving aforesaid liberty to the applicant to move proper proceedings, present application is disposed of. JUDGE /Muley/