1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY PETITION NO. 18 OF 2007 Re: Harshad Harilal Choksi .. Debtor Ex-parte : Kishoredas Shamjibhai Mehta ..Petitioning Creditor Mr. H. V. Chande for Petitioning Creditor. Mr. Nikhil S. Daware i/b. Udwadia & Udeshi for Debtor. CORAM : A. M. KHANWILKAR, J. DATED : JUNE 16, 2009. P.C. : 1. This Petition is founded on the Decree passed by this Court in favour of the Petitioning Creditor in the sum of Rs.38,43,422.12 paise with further interest at the rate of 18% per annum on Rs.21,36,637/- from 1st October 2006 until payment in Summary Suit No. 1774 of 2005 dated 27th June, 2006. The said Decree has become final. Indeed, Judgment Debtor took out Chamber Summons No. 1002 of 2007 in Execution Application No. 487 of 2006 asserting that the Decree cannot proceed against him. That Chamber Summons came to be rejected as back as on 25th July 2007 for the reasons 2 stated therein. The Judgment Debtor carried the said decision in Appeal almost after a period of one year without filing application for condonation of delay in filing the Appeal. Later on a formal application for condonation of delay in filing the Appeal was filed by the Judgment Debtor but has been withdrawn as it is stated across the bar. 2. Counsel appearing for the Judgment Debtor submits that the Judgment Debtor is presently hospitalized for which reason fresh application for condonation of delay could not be filed for want of instructions. 3. Earlier application for condonation of delay has been withdrawn more than three months back. There is nothing on record to suggest that as to what prevented the Judgment Debtor to take out fresh application immediately after the previous application for condonation of delay was withdrawn. It is not the case of the Judgment Debtor that for the last three months he has been hospitalized and is in ICU. I have no hesitation in observing that the attempt of the Judgment Debtor is to protract these proceedings. That cannot be countenanced. Since the Decree has become final, I have no hesitation in taking the view that the Judgment Debtor is liable to satisfy the Decree without any further delay. By way of 3 indulgence, however, I proceed to pass the following Order: ORDER The Judgment Debtor shall deposit the entire decretal amount in this Court on or before 14th July, 2009 with clear endorsement from the Petitioning Creditor that the amount so deposited satisfies the Decree against the Judgment Debtor. Failure to comply with this direction, the Office shall proceed on the assumption that this Petition is allowed in terms of prayer clause (a) without further reference to the Court and take such steps as may be required in accordance with law against the Judgment Debtor. Petition disposed of in the above terms. (A. M. KHANWILKAR, J.)