M.S. Sonak, J.

1. Heard learned counsel for the parties.

2. The challenge in this appeal is to the order dated 27th September, 2017 made by the learned Company Judge in Company Petition No. 192 of 2016 in the following terms :-

“(i) The respondent shall deposit a sum of Rs. 1,45,79,032/- Prothonotary and Senior Master of this Court within a period of 8 weeks from today.

(ii) In the event deposit is made and if a suit is filed by the Petitioner, the amounts so deposited will be transferred to the suit account and thereafter the company petition will stand dismissed.

(iii) If the amount is not so deposited, the petition shall revive and shall stand admitted, returnable within six weeks from the date of default and be advertised in two local newspapers i.e. Free Press Journal (in English) and Navshakti (in Marathi) and in the Maharashtra Government Gazette. Delay in publication of the advertisement in the Maharashtra Government Gazette shall not invalidate the advertisement and shall not constitute non-compliance of this direction or of the Company (Court) Rules, 1959.

(iv) Th