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Bombay High CourtCA/160/2018absolute

Digital Cinema Solutions v. K-Sera Digital Cinema Pvt. Ltd.

2018-06-05Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 34.CA-160-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.160 OF 2018 IN COMPANY PETITION NO.685 OF 2015 Digital Cinema Solutions ....Applicant/Petitioner Vs.

M/s. K-Sera Sera Digital Cinema Pvt. Ltd. ....Respondent ---- Ms. Brenda N. Barnes i/b. Mr. Udaya S. Samudrala for applicant/petitioner. None for respondent.

---- CORAM : K.R.SHRIRAM, J.

DATE : 5th JUNE, 2018 P.C.:

Heard the counsel and also considered the affidavit in support. For reasons mentioned therein, the order dated 4th January 2018 is recalled. Petition restored to file.

Petitioner has not yet deposited the amount as directed by this Court at the time of admitting the petition or even advertised the petition. Petitioner to deposit an amount of Rs.15,000/- with the Prothonotary and Senior Master of this Court towards publication charges, during the course of this week itself with intimation to the Company Registrar failing which the petition shall stand dismissed for nonprosecution without further reference to the court. After the advertisements are issued, the balance, if any, shall be refunded to petitioner. Petitioner is also directed to advertise the petition on or before 15th June 2018 in two Gauri Gaekwad

2/2 34.CA-160-2018.doc local newspapers, viz. 'Free Press Journal' (in English) and 'Navshakti' (in Marathi) and also in Maharashtra Government Gazette. Any delay in publication of the advertisement in the Maharashtra Government Gazette, and any resultant inadequacy of notice shall not invalidate such advertisement or notice and shall not constitute non- compliance with this direction or with the Companies (Court) Rules, 1959. Application accordingly stands disposed.

Stand over to 5th July 2018 for hearing of the petition. (K.R. SHRIRAM, J.) Gauri Gaekwad