1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO. 49 OF 2010 IN COMPANY PETITION NO. 747 OF 2008 Asmon Audio Pvt Ltd .. Appellant Vs M/s. Akansha Consultancy Service Ltd .. Respondent WITH APPEAL NO. 50 OF 2010 IN COMPANY PETITION NO. 748 OF 2008 Amson Plastic Pvt Ltd .. Appellant Vs M/s. Akansha Consultancy Service Ltd .. Respondent Mr. Jaideep Lele i/b Mr. Bharat Rathod for the Appellant Mr. R.V. Singh i/b Mr. Rohit Shetty for the Respondent CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. DATE : 21st January, 2010 P.C.: 1. We have heard the learned counsel for the Appellants - Companies. Though both the companies are separate entities, they are 8.app49&50-10 2 aggrieved by the common interlocutory order passed on 20.02.2009 in Company Petition Nos. 747 of 2008 and 748 of 2008. The operative part of the said order reads as under : "(i) If the Companies deposit in this Court a sum of Rs. 11,23,000/- on or before 31st March, 2009, the same shall be invested in a nationalized bank initially for a period of one year and thereafter for like periods of one year each. Needless to add that if the amounts are deposited in one matter, it would not be necessary for the amounts to be deposited in the other and vice versa. (ii) In the event of the amount being so deposited within the aforesaid period and in the event of the petitioner filing a suit within twelve weeks from the date of the petitioner's advocate being informed of the same in writing, the amount shall stand transferred to the credit of the suit. (iii) In the event of the suit not being filed as aforesaid, the petition shall stand dismissed and the amount with interest thereon shall be refunded to the respondent companies. (iv) In case of failure on the part of the companies to deposit the amount as aforesaid, the petitions shall stand admitted and to be advertised in Free Press Journal Maharashtra Times and Maharashtra Government Gazette. The Petitioner to deposit an amount of Rs. 10,000/- in each petition with the Prothonotary and Senior Master of this Court within four weeks from the date of default." 8.app49&50-10 3 2. Admittedly, none of the companies have deposited the sum of Rs. 11,23,000/- by 31.03.2009 and therefore, in terms of para IV of the above order, the Company Petitions stand admitted as of now. 3. We have perused the reasoning set out by the learned trial Judge in the impugned order. It is not in dispute that one time settlement was arrived and that is for a sum of Rs. 1,90,00,000/- Though both the companies disputed about having signed the agreement with the petitioner, the record prima facie indicated that its services were hired for bringing about one time settlement for a sum less than Rupees Two Hundred Lacs. The learned trial Judge referred to the letter addressed by the companies to the bank in terms of the draft forwarded by the petitioner by fax message and also a fax confirmation receipt which indicated the telephone number of the recipient namely the companies. 4. We do not find any reason to cause interference in the impugned common order and therefore, these Appeals must fail at the threshold. 5. Hence, the Appeals are dismissed in limine. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 8.app49&50-10 4 8.app49&50-10