1 cp-87-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 87 OF 2011. M/s. New Gujarat Forge. ..Petitioners. vs. M/s. XLO India Limited. ..Respondent. .... Mr. Rohit Shetty, for Petitioner. Mr. A.A. Khan, for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 18TH JULY 2011. P.C. : The following order is passed by consent of the parties :- (i) The Respondent Company shall pay an amount of Rs. 15,20,943/- to the Petitioner as follows :- (a) Rs.5,00,000/- on or before 31st July 2011. (b) Rs.2,57,659/- on or before 31st August 2011. (c) Rs.2,55,563/- on or before 3oth September 2011. (d) Rs.2,53,837/- on or before 31st October 2011. (e) Rs.2,53,883/- on or before 30th November 2011. (ii) Before payment of the said amount to the Petitioner, the Respondent Company shall deduct the necessary TDS. (iii) Until the above payments are made to the Petitioner the Respondent Company shall not dispose of and/or create any further charges on any of its immovable assets. (iv) In the event of the Respondent Company committing default in payment of any of the above installments, the Company Petition shall revive without reference to this Court, the entire amount claimed by the Petitioner shall become due and payable to 2 cp-87-11 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, namely, “Free Press Journal” (in English) and “Maharashtra Times” (in Marathi) and the Maharashtra Government Gazette. (v) Upon such default, the Petitioner shall, within one week from the date of default, deposit with the Prothonotary and Senior Master, a sum of Rs.10,000/- towards the publication charges, failing which the Company Petition shall stand dismissed for want of prosecution. (vi) The Company Petition is accordingly disposed of with no order as to costs. [ S.J. KATHAWALLA, J. ]