: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. 153 OF 2005 PETITION NO. 153 OF 2005 PETITION NO. 153 OF 2005 Re: Rajaram Anant Bugade ..Debtor Ex-parte :- Ex-parte :- Ex-parte :- Kamlesh Hirachand Jain ..Petitioning Creditor Mr. Sunil Kanojia i/b. Kiran Jain & Co. for the Petitioning Creditor. None for the Debtor. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 2ND SEPTEMBER, 2008. DATE : 2ND SEPTEMBER, 2008. DATE : 2ND SEPTEMBER, 2008. P.C. P.C. P.C. . Heard learned counsel for the Petitioning Creditor. 2. The Petitioning Creditor has prayed for adjudication of the Debtor as an Insolvent. Though served, as apparent from the Affidavit of Service, the Debtor does not appear. 3. In the Affidavit in Support, the Petitioning Creditor has stated that the Debtor who works in the :2: local limits is indebted to the Petitioning Creditor in the sum of Rs.1,13,629/- with further simple interest at the rate of 12% per annum on Rs.92,000/- from 28.11.2005 till payment. The amount is said to be due under a Decree dated 6.10.2004 passed by this Court in Summary Suit No. 1961 of 2004. 4. Insolvency Notice was served on the Debtor by substituted mode of service by Registered A.D. and Under Certificate of Posting and is also pasted on 21.09.2005 on the outer door of residential premises of the Debtor. Though called upon by the Notice, the Debtor has not paid the amount claimed therein i.e. Rs.1,00,150/- with further simple interest at the rate of 12% per annum on Rs.92,000/-. The Debtor has not taken out proceedings for setting aside the said Insolvency Notice before 26.10.2005. 5. Having regard to the uncontroverted averments above, it appears that the Debtor has committed an act of Insolvency. In the circumstances, the Debtor is adjudicated as an Insolvent. Order accordingly. :3: (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)