Lsp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY INSOLVENCY PETITION NO. 35 of 2008 Gayatri S ...Debtors v/s. Ex-parte. Dilip Shah ...Petitioning Creditor Ms. Kavita Lalwani for petitioning creditor. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 18th November, 2008 : 18th November, 2008 : 18th November, 2008 P.C. . Counsel for Petitioning Creditor in all fairness pointed out that the Judgment Debtor has taken out notice of motion for setting aside exparte decree passed in Summary Suit. However, no steps are taken by the Judgment Debtor for hearing of the said motion which is pending for over 8 months. Be that as it may, as the Judgment Debtor has failed to appear and controvert the assertions made in the petition, the only course open to this Court is to proceed to dispose of the present proceedings as the averments made in the petition have remained uncontroverted. 2. The present Petition is founded on the decree passed by the Court against the Debtor on 22-11-2005 Summary Suit No. 1362 of 2005. As the debtor failed to 2 pay the amount, Insolvency Notice No. 14 of 2008 dated 21-2-2008 was issued which was duly served on the debtors on 7-3-2008 by substituted service, debtor failed to pay the decretal amount. In that sense, of Insolvency was committed on 12-4-2008. 2. As the Debtor failed to pay the amount or offer any explanation for non-payment, Petitioning Creditor has had no option but to take out the present Petition, which has been filed on 4-7-2008. The Debtor has been served on 7-11-2008 by substituted service in the present petition, 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 clause (a) & (b). 3. Ordered accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]