1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY PETITION NO. 39 OF 2009 Re : Chaitanya Rajaram Kalbag ...Debtor rpa Ex-Parte :- Kartik Mahesh Sanghavi .. Petitioning Creditor .... Mr. Tushar Goradia for the Petitioning Creditor. None for the debtor. .... CORAM : S. J. KATHAWALLA, J. DATE : APRIL 22, 2010. P.C. By this Petition, the Petitioning Creditor seeks an order of adjudication against the debtor Chaitanya Rajaram Kalbag. According to the Petitioning Creditor, the debtor is indebted to the Petitioning Creditor in the sum of Rs.5,39,575.34 ps. and further simple interest at the rate of 24% per annum on Rs. 3,50,000/- from 2nd March, 2009 till payment and/or realization under a decree dated 4th December, 2008 passed by this Court in Summary Suit No.237 of 2007. The insolvency notice No. N/14 2 of 2009 was issued to the debtor at the instance of the Petitioning Creditor. The notice was duly served upon the debtor on 10th August, 2009 after seeking extension to effect service from the insolvency register. The debtor failed and neglected to pay the amounts claimed or to take out proceedings for setting aside the said insolvency notice. Thus, the debtor committed an act of insolvency on 15th September, 2009. 2. The Petition was served on the debtor on 2nd April, 2010. However none appeared before this Court when the Petition reached hearing on 16th February, 2010 and 23rd March, 2010. On 6th April, 2010 the debtor appeared in-person and sought time. The Petition was therefore adjourned to 20th April, 2010. Today, none appears for the debtor. The Petition is, therefore, allowed in terms of prayer clauses (a) and (b). 3. The learned counsel for the Petitioning Creditor shall forthwith forward a copy of this order to the insolvent at his address shown in the Petition. [ S. J. KATHAWALLA, J. ] 3