1 ca397-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.397 OF 2011 IN COMPANY PETITION NO.886 OF 2007 M/s.Mita Fastners Pvt Ltd .. Petitioner versus M/s.Shree Ghanshyam Auto Parts Pvt Ltd .. Respondent Mr.N.S.Das for the applicant. Ms.Sushma Singh for the respondent. Dr.T.Pandian, O.L present. CORAM : S.C.DHARMADHIKARI, J. 23rd September 2011. P.C.: . Heard both sides. This is an application seeking the condonation of delay of 153 days and to set aside an order dismissing the winding up petition and its restoration. 2 The winding up petition has been filed by the applicant- petitioner seeking winding up of the respondent-company. Upon a conditional order being passed on that petition and its non 2 ca397-11.doc compliance, resulted in the petition being admitted. The petitioner- applicant was required to pay the advertisement charges of Rs.10,000/-. That advertisement/publication charges were not deposited in time and that is how the petition stood dismissed without any further reference to this Court. 3 The reasons for the delay and for non deposit of the said amount in time are set out in the affidavit in support. The reasons do not lack in bonafides but make out a sufficient cause for the delay and lapses on the part of the petitioner. The petitioner shall not suffer if there are any lapses which are committed by its advocate. For all these reasons, the company application is made absolute in terms of prayer clauses (a) to (c), but, on the condition th at both the advertisement charges of Rs.10,000/- and the costs of this application quantified at Rs.2500/- are paid within a period of two weeks from today. (S.C.DHARMADHIKARI, J)