1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 880 OF 2009 ETC Networks Limited .. Petitioner Versus JMD Telefilms Industries Ltd. .. Respondent Mr. A.S. Daver a/w Mr. R. N. Ali i/b Thakore Jariwala and Associates for the petitioner Mr. M. S. Dehlvi i/by T. V. Shah for the Respondent, Mr. Pravin Sawant, Director of the Respondent Company present. CORAM : S. J. KATHAWALA, J. DATE : 17 th March, 2010 P.C.: By consent of the parties, the following order is passed: i. The respondent Company shall, on or before 18th March, 2010, handover three post dated cheques dated 30th March, 2010, 13th April, 2010 and 27th April, 2010 drawn in favour of the petitioner for Rs.3,00,000/-, Rs. 3,00,000/- and Rs. 2,61,735/- respectively, in full and final settlement of the claim of the petitioner in the present petition. ii. In the event of the respondent Company committing default in forwarding the post dated cheques to the Advocate for the 2 petitioner or in the event of any of the three cheques being dishonoured, the Company Petition shall revive without reference to the Court. The entire amount claimed by the petitioner shall become due and payable to the petitioner by the respondent Company. The Company Petition shall stand admitted, made returnable within six weeks from the date of default and advertised in two local newspapers i.e. Free Press Journal and Maharashtra Times and Maharashtra Government Gazette. iii. Upon such default, the petitioner shall, within one 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. iv. The petition is accordingly disposed of with no order as to costs. (S. J. KATHAWALA, J.)