1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY PETITION NO. 47 OF 2008 Re: Vijay Dilip Kotecha .. Debtor Ex-parte : Ashish Mahesh Kakwani .. Petitioning Creditor Mr. Ramesh C. Jain for Petitioning Creditor. None for Debtor. CORAM : A. M. KHANWILKAR, J. DATED : JUNE 16, 2009. P.C. : 1. The present Petition is founded on the Decree dated 21st February 2007 passed in City Civil Court Summary Suit No. 2860 of 2006. As the Debtor failed to pay the amount, Insolvency Notice No. N/26 of 2008 dated 5th June 2008 was issued, which was duly served on the Debtor on 1st July, 2008. 2. In that sense, act of insolvency was completed on 5th August, 2008. 3. 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 20th October, 2008. The Debtor has 2 been duly served on 19th March 2009 by substituted service. 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) and (b). 4. Ordered accordingly. (A. M. KHANWILKAR, J.)