1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 192 OF 2010 M/s Paper Age .. Petitioner Versus Shree Pack Containers Pvt. Ltd. .. Respondent Mr. Sunil Purohit a/w Mr. Darshan Mehta i/by M/s Dhruve Liladhar & Co. for the Petitioner Mr. Y. V. Divekar a/w Ms. Gargi Bhagwat i/by M/s Divekar & Co. for the Respondent CORAM : S. J. KATHAWALLA, J. DATE : 4th October, 2010 P.C.: By consent of the parties, the following order is passed: i. The Respondent Company has agreed to pay a sum of Rs. 1,75,00,000/- (Rupees one crore seventy five lacs only), in full and final settlement of the Petitioner's claim in the present Company Petition. ii. Learned Advocate appearing for the Respondent Company has handed over a pay order of Rs.50 lacs to the learned Advocate for the Petitioner and has agreed to pay the balance amount of 2 Rs.1,25,00,000/-in 12 equal installments of Rs.10 lacs each and the 13th installment of Rs.5 lacs. iii. The Respondent Company shall pay the first installment of Rs.10 lacs on or before 1st of November, 2010 and shall thereafter pay the balance installments on the 1st day of each month. The last installment of Rs.5 lacs shall be paid on 1st November, 2011. iv. In the event of default in payment of any one of the installments by the Respondent Company, as set out in Clauses (iii) above, the Company Petition shall, without reference to this Court, stand revived, admitted, made returnable within six weeks of default and advertised in two local newspapers i.e. Free Press Journal (in English) and Maharashtra Times (In Marathi) and Maharashtra Government Gazette. v. Upon such default, the Petitioners shall, within one week from the date of default, deposit with the Prothonotary 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. vi. The interim order dated 14th July, 2010 shall continue to operate 3 until all the aforesaid 13 installments are paid by the Respondent Company to the Petitioner. vii. The summary suit filed by the Petitioner against the Respondent Company shall be withdrawn by the Petitioner upon receipt of the above thirteen installments from the Respondent Company. viii. The Company Petition is accordingly disposed of with no order as to costs. (S. J. KATHAWALLA, J.)