1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa COMPANY PETITION NO.706 OF 2009 M/s. Khinvasara Investment Pvt. Ltd. .. Petitioners. v/s. M/s. Brand Marketing (India) Pvt. Ltd. .. Respondents. .... Mr. R. D. Soni i/b. Ram & Co. for Petitioners. Mr. A. Dasgupta i/b. Jhangiani Narulla Associates for the Respondents. Mr. Bhairav Kothari for Respondent Company. .... CORAM : S. J. KATHAWALLA, J. DATE : FEBRUARY 17, 2010. P.C. By consent of the parties, the following order is passed in the Company Petition : :: O R D E R :: i. The Respondent Company shall deposit an amount of Rs.15 lacs with the Prothonotary and Senior Master, High Court, Bombay, within a period of three weeks from today and inform the Advocate for the Petitioner of them having deposited the said amount of Rs.15 lacs. 2 ii. The Petitioner shall within a period of 2 weeks thereafter file a suit qua the subject matter of the company petition, seeking appropriate reliefs. iii. In the event the Petitioner failing to file a suit within the stipulated period, the Prothonotary and Senior Master shall hand over the said amount of Rs. 15 lacs to the Respondent Company after serving a written notice on the Petitioner and their Advocate. iv. Upon filing of the said suit, the Prothonotary and Senior Master shall transfer the said amount of Rs.15 lacs to the suit account and shall invest the said amount in a nationalized bank for a period of one year at a time. However, the direction to invest the said amount would be subject to any ad-interim/interim orders passed in the suit filed by the Petitioner. v. The Petitioner shall be at liberty to take out appropriate proceedings seeking ad-interim/interim reliefs in the said suit. 3 vi. All the contentions of the Petitioner as well as the Respondent Company are kept open. vii. In the event of failure on the part of the Respondent Company in depositing the said amount of Rs. 15 lacs as directed above, this petition shall revive and shall stand admitted without any further reference to this Court and the Petition be advertised in two local newspapers, namely "Free Press Journal", "Maharashtra Times" and in the Maharashtra Government Gazette. The Petitioner shall deposit an amount of Rs. 10,000/- with the Prothonotary and Senior Master towards the publication charges, within two weeks from the date of the Respondent Company failing to deposit the said amount, with intimation to the Company Registrar failing which the petition shall stand dismissed for non prosecution. 2. The Company Petition is, accordingly, disposed of. [ S. J. KATHAWALLA, J. ]