1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 877 OF 2009 Seasons Polymers Private Limited .. Petitioner Versus Liva Healthcare Private Limited .. Respondent Ms. Alpana Ghone a/w Mr. Rajesh Shah i/by Rajesh Shah & Co. for the petitioner Mr. Dinkar Madon, Senior Counsel a/w Mr. Karl Shroff a/w Ms. Amrita Thakore i/by Singh & Co. for the Respondents CORAM : S. J. KATHAWALLA, J. DATE : 6th May, 2010 P.C.: The following order is passed by consent of the parties. i. Mr. Rajiv S. Jetly, Chartered Accountant is appointed to re-concile the accounts of the petitioner and the respondent Companies. ii. The parties shall co-operate with the Chartered Accountant and produce all the documents required by the Chartered Accountant. If any party fails to produce the documents called upon by the Chartered Accountant, an adverse inference may be drawn by the Chartered Accountant against such party. 2 iii. The Chartered Accountant shall, after going through the accounts of the parties and hearing the parties, give his report clearly specifying whether any amount is payable by the petitioner to the respondent or vice versa. iv. The Chartered Accountant shall endeavour to give his findings/report to the parties within a period of 12 weeks from the date the parties first appear before him. v. The parties shall appear before the Chartered Accountant on 17th May, 2010 at 11.00. vi. The findings/report of the Chartered Accountant shall be final and binding on the parties and the parties shall not challenge the said report any further. vii. If in the meantime the petitioner proceeds to file any suit against the Respondent Company on the ground that their claim is getting barred under the law of limitation, the same shall be withdrawn by the petitioner if the findings/report of the Chartered Accountant is adverse to the Petitioner. viii. The cost of the Chartered Accountant shall be borne equally by the parties. ix. The Company petition is accordingly disposed of. ( S. J. KATHAWALLA, J.)