1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 1001 OF 2009. In the matter of winding up of Metalman Industries Ltd. Fajobe S.A. ..Petitioner. .... Mr. Janak Dwarkadas, Senior Counsel, a/w. Mr. Birendra Saraf, Counsel, a/w. Miss. Ankita Singhania, Counsel, i/b. M/s. Bachubhai Munim & Co., for Petitioner. Ms. Priya Khaitan, i/b. Khaitan & Jaykar, for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH MARCH 2010. P.C. The following order is passed by consent of the parties :- (i) The respondent company shall pay an amount US $ 320548.00 to the petitioner on or before six weeks from today. (ii) The respondent shall seek permission of the Reserve Bank of India forthwith. (iii) The Reserve Bank of India shall process the application filed by the respondent company and grant 2 clearance within a period of four weeks from today. (iv) In the event of the respondent company committing default in making payment within six weeks from today, the company petition shall revive without reference to this Court; shall stand admitted and made returnable within six weeks from the date of default; and 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 one week from the date of default, with intimation to the Company Registrar failing which the petition shall stand dismissed for non-prosecution. (v) The company petition is disposed of. 2. Parties to act upon an ordinary copy of this order duly authenticated by the Associate of this Court. [ S.J.KATHAWALLA, J. ]