1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS INSOLVENCY JURISDICTION INSOLVENCY PETITION NO. 5 of 2009 Re: Davindra Singh Anand ..Debtor Ex-parte: Hiroo Hotchand Bakshani ..Judgment Creditor Mr. C.A.Shukla i/b. B.S.Chandnani for Pet. Creditor. None for the Debtors. CORAM:- A.M.KHANWILKAR, J DATED:- July 07, 2009. P.C. The present Petition is founded on the decree passed by the Court against the Debtor on 1/9/2006 in Summary Suit No. 2893 of 2004. As the debtor failed to pay the amount, Insolvency Notice No. N/34 of 2008 dated 24/7/2008 was issued which was duly served on the debtor on 10/11/2008 by substituted service. Debtor failed to pay the decretal amount. In that sense, act of Insolvency was completed on 10/12/2008. 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 2 Petition, which has been filed on 11/12/2008. (The debtor has been duly served on 7/5/2009 with substituted notice 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 clauses (a)&(b). 3. Ordered accordingly. (A.M.KHANWILKAR, J)