1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Insolvency Petition No. 10 of 2009 1 Vijay Baldev Boolani and another ..Debtors vs. Pushpa Sadhvgi ..Judgment Creditor Mr.C.A.Shukla i/b Mr.B.S.Chandnani for judgment creditor Mr.N.S.Fadia for debtors. CORAM: S.J.KATHAWALLA J. 21st July, 2009 P.C. 1 This petition is filed by the judgment creditor seeking an order of adjudication against the debtors. According to the judgment creditor a decree dated 21st September, 2005 is passed in his favour and against the Judgment debtors in Summary suit no.2900 of 2004 by the Bombay City Civil Court at Bombay. According to the judgment creditor, consequent to the said decree dated 2 21st September, 2005, the debtors are indebted to him in the sum of Rs.76,695.52 with further interest thereon on the sum of Rs.50,000/- at the rate of 12% p.a. from 27th June, 2008 till payment as per the particulars of claim annexed to the petition. 2 The judgment creditor issued insolvency notice being Notice No.N/42 of 2008 for recovery of Rs.76,695.52 along with interest as due and payable under the said decree dated 21st September, 2005. Since the debtors were avoiding service of notice the petitioning creditor pasted the insolvency notice on the notice board on 19th November, 2008 of the Insolvency Registrar s office. The debtors did not take any steps for setting aside the insolvency notice dated 30th July, 2008 and the service of the insolvency notice was completed on 20th November, 2008. Thus, the debtors committed an act of insolvency on 20th November, 2008 3 and the present petition was filed. 3 Though the debtors were earlier granted time to try and settle the matter with the judgment creditor, this Court is informed that no settlement has taken place. The debtors have once again applied for time to settle the matter which is opposed by the learned Advocate for the judgment creditor. Since there is no defence to the petition and further since the judgment debtors have not been able to settle the claim of the judgment creditor, the petition is made absolute in terms of prayer clause (a) which reads as under: (a) That this Hon ble Court may be pleased to make an order of adjudication against the Debtors. (S.J.KATHAWALLA J.)