1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN INSOLVENCY JURISDICTION INSOLVENCY PETITION NO.37 OF 2008 Re: Mukesh Dhirajlal Shah ..Debtor. Ex-parte Hitesh U. Jain. ..Petg.Creditor. Mr.Ramesh Jain for Petitioning creditor. None for debtors. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : DECEMBER 16, 2008. DATE : DECEMBER 16, 2008. DATE : DECEMBER 16, 2008. P.C. : P.C. : P.C. : 1. The present Petition is founded on the Decree passed by the Court against Debtor on 31st July, 2006 in Summary Suit No.109 of 2006. As the Debtor failed to pay the amount, Insolvency Notice No. N/191 of 2007 dated 19th October, 2007 was issued which was duly served on the Debtor on 22nd October, 2007 by substituted Service. Inspite of service, Debtor failed to pay the decreetal amount. In that sense, act of insolvency was completed on 15th January, 2008. 2. Subsequent thereto Debtors took out Notice of Motion No.136 of 2007 for setting aside the aforesaid Insolvency Notice No.N/191 of 2007 which was 2 dismissed by an Order dated 15th January, 2008. 3. As the Debtor failed to pay the amount or offer any explanation for non-payment, Petitioning Creditor have had no option but to take out the present action which has been filed on 11th April, 2008. The Debtor has been duly served on 27th August, 2008 by substituted notice in the present action, as per the liberty given to the petitioning creditor to effect service by substituted mode. Inspite of such service, none appears for the Debtor. No reply has been filed. As no explanation has been offered on behalf of the Debtor, Petition ought to succeed in terms of prayer clauses (a) and (b) . Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)