1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi INSOLVENCY PETITION NO. 64 OF 2007. K. Shahi Manmohan Shetty & Anr. ..Debtors. Ex-parte :- Ghisalal C. Shah. ..Petitioning Creditor. .... Mr. Tushar Garodia, for Petitioning Creditor. Mr. K. Shashimohan Shetty, Debtor in person. .... CORAM : S.J.KATHAWALLA, J. DATE : 1 ST SEPTEMBER 2009. P.C. By this petition, the petitioning creditor is seeking an order of adjudication against the debtors abovenamed. According to the petitioning creditor, the debtors are indebted to the petitioning creditor in the sum of Rs.1,64,489.33 alongwith further simple interest thereon at the rate of 18% per annum on Rs.80,000/- from 1 st April 2007 till payment and/or realization, being the amount due under the ex-parte order/ decree dated 27 th March 2006 passed by this Court in Summary Suit No.2420 of 2005, in favour of the petitioning creditor and against the debtors. 2 2. The insolvency notice no.N/86 of 2007 dated 21 st April 2007 was issued at the instance of the petitioning creditor against the debtors abovenamed. The said notice was duly served upon the debtors on 4 th May 2007. The debtors failed and neglected to pay the amount claimed in the notice and/or take out any proceedings for setting aside of the said insolvency notice. The debtors have committed an act of insolvency on 9 th June 2007. No reply has been filed to this petition. In fact, on 16 th June 2009, debtor no.2 appeared through his Advocate and made a submission on behalf of himself and his wife- judgment debtor no.1 that they will try to pay the entire outstanding dues within two months from 16 th June 2009. Though two months have elapsed, the debtors have failed and neglected to pay any amounts to the petitioning creditor as per the assurance given to this Court on 16 th June, 2009. In fact, today, none appears for the debtors. 3. In view thereof, the petition is made absolute in terms of prayer clauses (a) and (b). [ S.J.KATHAWALLA, J. ]