1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 06 OF 2010 Press Kunj .. Petitioner Versus Marksans Pharma Ltd. .. Respondent Ms. Dhutia Lewis i/by Lancelot Lewis, for the petitioner Mr .J. J.Pandian,for the Respondent CORAM : S. J. KATHAWALLA, J. DATE : 26 th March, 2010 P.C.: By consent of the parties, the following order is passed in the company petition :- (i) The respondent company shall deposit an amount of Rs. 10,00,000/- (Rupees ten lacs) with the Prothonotary and Senior Master, High Court, Bombay, within a period of eight weeks from today and immediately inform the Advocates for the petitioner of them having deposited the said amount of Rs.10,00,000/-. (ii) The petitioner shall within a period of two weeks thereafter file a suit qua the subject matter of the company petition, seeking appropriate reliefs and shall forthwith serve a copy of plaint filed 2 by them in the suit on the respondent. (iii) In the event, the petitioner failing to file a suit within the stipulated period, the Prothonotary and Senior Master shall hand over the said amount of Rs. 10 lacs to the respondent company after serving a written notice on the petitioner and their Advocate. (iv) Upon filing of the said suit, the Prothonotary and Senior Master shall transfer the said amount of Rs. 10 lacs to the suit account and shall invest the said amount in a nationalised bank for a period of one year at a time. However, the direction to invest the said amount would be subject to any ad-interim/interim orders passed in the suit filed by the petitioner. (v) The petitioner shall be at liberty to take out appropriate proceedings seeking ad-interim/interim reliefs in the said suit. (vi) All the contentions of the petitioner as well as the respondent company are kept open. (vii) In the event of failure on the part of the respondent company in depositing the said amount of Rs. 10 lacs as directed above, the entire claim amount of the petitioner shall become due and 3 payable and the Company Petition shall revive and stand admitted without any further reference to this Court, made returnable within six weeks from the date of default and advertised in two local newspapers, namely “Free Press Journal”, “Maharashtra Times” and in the Maharashtra Government Gazette. (viii) Upon such default, the petitioner shall, within two week from the date of default, deposit with the Prothonotory and Senior Master, a sum of Rs. 10,000/- (Rupees ten thousand) towards publication charges, failing which the Company Petition shall stand dismissed for want of prosecution. (ix) The company petition is accordingly disposed of with no order as to costs. (S. J. KATHAWALLA, J.)