1 100inpt29-09.sxw srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INSOLVENCY PETITION NO. 29 OF 2009 Mohammed Hanif Gulam Rasool & Anr. .. Judgment Debtors. Ex-parte: Ghisalal Chunilalji Shah .. Judgment Creditor/ Petitioning Creditor Mr. Ramesh C. Jain for the Judgment Creditor/Petitioning Creditor. None for Judgment Debtors. CORAM : S. J. KATHAWALLA, J. DATE : 6th April, 2010 P.C.: 1. This petition is filed by the Petitioning Creditor for an order of adjudication against the Debtors Mohammad Hanif Gulam Rasool and Gosh Mohammad. According to the Petitioning Creditor the Debtors have been indebted to the Petitioning Creditor in the sum of Rs.1,06,719.77 ps. and further simple interest at the rate of 18% per annum on Rs. 50,000/- from 30 th April, 2008 till payment and or realisation under a Decree/Order dated 23 rd April, 2007 passed by this Court dated 23 rd April, 2007 in Summary Suit No. 3582 of 2006. 2. Insolvency Notice No. N/27 of 2008 dated 6 th June, 2008 was issued 2 100inpt29-09.sxw at the instance of the Petitioning Creditor to the above Debtors and served on 20 th February, 2009. After the service of the Insolvency Notice, the Debtors failed to comply with the Insolvency Notice. Thus, the Debtors committed an act of Insolvency on 28 th March, 2009. Thereafter, the present Petition has been taken out by the Petitioning Creditor. Service of the Petition has been accepted by the son of the Debtor No.1 and by the Debtor No.2. 3. Under directions of this Court the Debtors were given intimation about the present proceedings. However, the packet containing the Notice addressed to the Debtor No.1 has been returned with the endorsement ‘unclaimed’ and the packet addressed to Debtor No.2 has been returned with the endorsement ‘intimation posted’. The learned advocate appearing for the Petitioning Creditor also undertakes to file an affidavit of service within one week from today. The said undertaking is accepted. 4. Under the circumstances, the Petition is allowed in terms of prayer clause (a) and (b). The Petition is accordingly disposed of. (S. J. KATHAWALLA, J.)