inpt40-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY INSOLVENCY PETITION NO.40 OF 2008 Re. : Chintu D. Tanna & Anr. ....Debtors Ex-parte : Kirit C. Jobalia ....Petitioning Creditor Mrs.Kavita Lalwani for the Petitioning Creditor. None for the Debtors. CORAM : S.J. VAZIFDAR, J. DATE : 21ST SEPTEMBER, 2010. P.C. :- 1. The petitioning creditor obtained a demand draft dated 25.10.2005 in the sum of Rs.59,800/-.Together with interest, the amount due to the petitioning creditor is Rs.88,000/-. No Notice of Motion for setting aside the insolvency notice was taken out. The debtors have been adjudicated an insolvents in Insolvency Petition No.37 of 2007. The amount of about Rs.24,000/- has been paid leaving a balance of over Rs. 60,000/-. 2. In the circumstances, the insolvency petition is made absolute in terms of prayer (a). The petitioning creditor shall also be entitled to the costs fixed at Rs.5000/- to be claimed in the insolvency proceedings. 3. The publication is dispensed with in view of the publication in Insolvency Petition No.37 of 2007.