1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Application No. 802 of 2009 in Company Petition No. 250 of 2009 M/s Jaysagar Construction Co. ..Petitioner vs. ANR Infrastructure Pvt.Ltd. ..Respondent Mr.Cyrus Ardheshir with Mr.N.R.Modi with Mr.Yogesh Tikam i/b Rustomji and Ginwala for petitioner Mr.P.V.Nichani i/b P.V.Nichani & Co for applicants/respondents CORAM: S.J.KATHAWALLA J. 12th August, 2009 P.C. 1 This application is taken out by the applicant company for setting aside the exparte order dated 3rd July 2009 passed by this Court conditionally admitting the company petition no.250 of 2000 and seeking permission to file the respondents reply to the company petition and thereafter hearing of the company petition on merits. The 2 learned Advocate appearing for the respondent company after taking instructions from Mr.Nandkishor Rathi, Director of respondent company, undertakes on behalf of the respondent Company to deposit a sum of Rs. 11,00,000/- on or before 23rd September, 2009 to establish the bonafides of the respondent Company. The undertaking is accepted. In view thereof, the following order is passed. i) Upon deposit of the amount of Rs. 11,00,000/- by the respondent company on or before 23rd September, 2009 the order dated 3rd July, 2009 passed by this Court in Company Petition No.250 of 2009 shall stand set aside and the respondent company shall be permitted to file their reply on 24th September, 2009 and the company petition will be heard on merits on 1st October, 2009. ii) In the event of the respondent company succeeding at the admission stage after the petition is heard on merits, the 3 amount deposited shall be returned to the respondent company. However, in the event of the respondent company not succeeding at the admission stage the amount deposited by the respondent Company shall be dealt with as per the orders/directions passed by this Court. iii) In the event of the respondent company failing to deposit the amount of Rs. 11,00,000/- on or before 23rd September, 2009, the order dated 3rd July, 2009 passed by this Court will continue to be in force and the petitioner shall proceed to take further steps as per the directions given in the said order. iv) Company Application No.823 of 2009 to appear on board for directions on 24th September, 2009. v) Company application No.802 of 2009 is accordingly disposed of with no order as to costs. (S.J.KATHAWALLA J.)