: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INSOLVENCY PETITION NO.77 OF 2005 INSOLVENCY PETITION NO.77 OF 2005 INSOLVENCY PETITION NO.77 OF 2005 Re.: . Ranjan Dhirajlal Vora ...Judgment Debtor Ex-parte: . Marine Container Services . (India) Pvt. Ltd. ...Petitioning Creditor Mr.Cyprus Ardeshir, Advocate, i/b. Bilawala & Co., for the Petitioning Creditor. Mr.Rushabh Shah, Advocate, i/b. Raval Shah & Co., for the Judgment Debtor. CORAM : ABHAY S. OKA, J. DATED : 16TH OCTOBER, 2007. P.C.: 1. By order dated 18th September, 2007, the judgment-debtor was granted time to file a reply. Accordingly an affidavit-in-reply dated 4th October, 2007 has been filed by the judgment-debtor. The learned Counsel appearing for the judgment debtor seeks time to file further reply. Further time cannot be granted as on 18th September, 2007, only by way of an indulgence, time was granted to file reply and now a reply has already been filed. : 2 : 2. This Petition is based on the insolvency notice dated 2nd April, 2004. The said insolvency notice is based on non-compliance with the order passed in Summary Suit No.1455 of 1999. Notice of Motion No.198 of 2004 was taken out by the judgment-debtor for setting aside the insolvency notice. By order dated 1st February, 2005, the said Notice of Motion has been dismissed. 3. The order dated 1st February, 2005 passed by this Court records that this Court was inclined to grant sufficient time to the judgment-debtor to pay the decretal amount by passing a conditional order. However, a statement was made by the learned Counsel appearing for the judgment-debtor that she was not in a position to pay the entire decretal amount on any count. It is not in dispute that order dated 1st February, 2005 has attained finality. 4. It is thus clear that an act of insolvency has been committed by the judgment-debtor. No one has come forward on behalf of the judgment-debtor to pay the decretal amount. Hence order of adjudication will have to be passed. Accordingy, the Petition is made absolute in terms of prayers (a) and (b). : 3 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]