1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS INSOLVENCY JURISDICTION INSOLVENCY PETITION NO.148 OF 2004 Re: Gumanmal S. Bafna ..Debtor. Ex-parte: Amit Umraochand Jain ..Petitioning Creditor. ... Mr.V.N.Bodke for the Debtor. Mr.Kishore Jain for the Petitioning Creditor. ... CORAM : DR.D.Y.CHANDRACHUD, J. CORAM : DR.D.Y.CHANDRACHUD, J. CORAM : DR.D.Y.CHANDRACHUD, J. 3rd May, 2005. P.C. : The Debtor is personally present in the Court. A decree has been passed on 11th August, 2003 in Summary Suit 4046 of 2001 against the Judgment Debtor. As on the date of the institution of the Petition, the total decretal dues were Rs.7,71,412.81. An Insolvency Notice was issued on 30th April, 2004. The Debtor took out a Motion for setting aside the Insolvency Notice which was 2 disposed of on 20th July, 2004. The Debtor carried the matter in appeal. On 17th September, 2004, a Division Bench granted two months time to the Debtor to deposit the entire decretal amount and to file an undertaking within a period of one week for compliance of the aforesaid direction, upon which the execution of the decree was to be stayed. The undertaking, it is common ground, was filed, but the decretal dues were not deposited. Subsequently, on 22nd December, 2004 the Debtor again sought some time to deposit the decretal dues. The Division Bench directed that the Debtor shall have time until 10th January, 2005 to deposit the decretal amount with the Prothonotary & Senior Master, failing which it was directed that the appeal shall stand dismissed without reference to the Court. It is common ground that the decretal dues were not deposited upon which the appeal was dismissed on 17th January, 2005. In these circumstances, the Debtor has no defence to the Petition. No reply has been filed. In the circumstances, the Petition has to be made absolute and is accordingly made absolute in terms of prayer clauses (a) and (b). 3 Counsel for the Debtor undertakes to file his Vakalatnama within a period of one week.