Lsp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY INSOLVENCY PETITION NO. 31 of 2008 Mr.Jinesh & Co. & Ors. ...Debtors v/s. Ex-parte. M/s. Arvindkumar Maganlal & Co. ...Petitioning Creditor Mrs. Yogini D. Gala with Mr. Harakchand, Advocate i/b. Harakchand & Co. for the petitioning Creditors. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 18th November, 2008 : 18th November, 2008 : 18th November, 2008 P.C. . The present Petition is founded on the decree passed by the Court against the Debtor on 29-8-2006 in a Summary Suit No. 3188 of 2005. As the debtor failed to pay the amount, Insolvency Notice No. 9 of 2007 dated 24-1-2007 was issued which was duly served on the debtors on 13-3-2008 by substituted service, debtor failed to pay the decretal amount. In that sense, of Insolvency was committed on 27-2-2008. 2. As the Debtor failed to pay the amount or offer any explanation for non-payment, Petitioning Creditor has had no option but to take out the present Petition, which has been filed on 13-5-2008. (The Debtor nos. 1,2,3 have been served on 22-9-2008 and Debtor No.4 served on 3-9-2008 and Debtor Nos. 5 & 6 served on 2 3-10-2008 with substituted notice in the present petition, as per the liberty given to the Petitioning Creditor to effect service by substituted mode). Inspite of such service, none appears for the debtor. No reply has been filed. As no explanation has been offered on behalf of the debtor, Petition ought to succeed in terms of prayer clause (a) & (b). 3. Ordered accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]