:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY IN INSOLVENCY IN INSOLVENCY PETITION NO. 40 OF 2007 PETITION NO. 40 OF 2007 PETITION NO. 40 OF 2007 Re: Narendra Kubadia ..Debtor Ex-parte : Ex-parte : Ex-parte : Dheeraj Durgadas Mulchandani ..Petitioning Creditor Ms. Kavita Lalwani for the Petitioning Creditor. None for the Debtor. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 5TH AUGUST, 2008. DATE : 5TH AUGUST, 2008. DATE : 5TH AUGUST, 2008. P.C. P.C. P.C. . Heard learned counsel for the Petitioning Creditor. None appears for the Debtor, though served as per Affidavit of Service dated 26.6.2008. 2. According to the Petitioning Creditor, the Debtor is the Judgment Debtor in Decree dated 30.4.2005 in Summary Suit No. 1301 of 2004 passed by the City Civil Court, Bombay, in the sum of Rs.61,295.52 paise, with further interest on Rs.35,000/- at the rate of 12% per annum till payment. :2: 3. The Insolvency Notice No. N/230 of 2006 dated 17.11.2006 for recovery of the said sum was served on the debtor on 15.12.2006. The Debtor has however not complied with the Notice by 19.1.2007. The Debtor has also not adopted any proceedings for setting aside the Insolvency Notice before the said date. According to the Petitioning Creditor the Debtor has within three months from the date of presentation of the Petition committed an act of insolvency on 20.1.2007 by not complying with the requisitions of the Insolvency Notice. 4. The Debtor has neither entered appearance nor has filed any reply. There is no reason to discard the statements made in the Petition. Hence, Petition is allowed in terms of prayer clause (a). Debtor is accordingly adjudicated as an insolvent. Petition is disposed of accordingly. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)