1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1589 OF 2008 IN COMPANY PETITION NO.535 OF 2008 P.K.Sharma. ..Applicant. V/s. Sudha Industrial Corporation Ltd. ..Respondent. Mrs.Maneesha Patel a/w. R.M.Lakara i/b. M.R.Patel for applicant. Mr.Rajesh P.Khobragade i/b. Lambay & Co. for respondent No.1. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : DECEMBER 10, 2008. : DECEMBER 10, 2008. : DECEMBER 10, 2008. P.C. P.C. P.C. : : : 1. Counsel for the Respondent seeks time to file reply. I see no propriety in adjourning the matter on this count. 2. The order which is invited in this Application is essentially a discretionary order, to be shown to the Petitioner for not complying the order dated 5th September, 2008. Having regard to the explanation offered in the affidavit in support of the Application and as the Petitioner has complied with the condition stipulated under Order 5th September, 2008, as of now the Application is made absolute in terms of prayer clauses 1, 2 and 3 on 2 condition that the Applicant/Petitioner shall pay cost quantified at Rs.2,000/- to the High Court legal Services Committee on or before 16th December, 2008. Payment of cost is condition precedent for restoration of Company Petition. The prayer clauses 1, 2 and 3 are as follows: (1) that this Hon’ble Court be set aside dismissal Order dated 5th September, 2008 for non depositing of Publication Charges by the Applicant/Org.Petitioner within stipulated time. (2) that this Hon’ble Court be pleased to allow the Applicant/Org.Petitioner to deposit Rs.10,000/- as per Order dated 5th September, 2008 within a period of TWO WEEKS from the date of Order. (3) Petition stands restore and the Order dated 5th September 2008 to be continued. . Disposed on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)