1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION IN INSOLVENCY INSOLVENCY PETITION NO.27 OF 2008 Re: Pradeep Saboo ..Debtor Ex-parte: Haresh Sunderdas ..Petitioning Creditor. Mr.C.A.Shukla i/b. B.S.Chandnani for petitioning creditor. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 21, 2008. : OCTOBER 21, 2008. : OCTOBER 21, 2008. P.C. P.C. P.C. : : : 1. Inspite of service on Judgment Debtor, none appears. No reply has been filed. From the averments in support of the Petition, it is amply clear that decree has been passed by Court of competent jurisdiction against the Judgment Debtor on 17th January, 2002. The Judgment Debtor has failed and neglected to pay the decreetal amount. There is nothing on record to show that the Judgment Debtor has challenged the said decree before the Appellate Court. Inspite of notice in the present Petition and admission of the Petition, the Judgment Debtor has not bothered to pay outstanding dues of the Petitioning Creditor. It necessarily follows that the Judgment Debtor is incapable of paying its debt. 2. Accordingly, Petition is made absolute in 2 terms of prayer clause (a). Official Assignee to take appropriate steps on the basis of this order forthwith. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)