1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi INSOLVENCY PETITION NO. 9 OF 2010. Re : Devkinandan B. Agarwal. ..Judgment Debtor. Ex-parte Mr. Chandraprakash R. Agarwal. ..Petitioning Creditor. .... Mr. Krishnagopal S. Tripathi, for Petitioning Creditor. Ms. Sonu Jain, for Judgment Debtor. .... CORAM : S.J. KATHAWALLA, J. DATE : 5TH MAY 2010. P. C. By this petition, the petitioning creditor prays for an order of adjudication against the debtor namely Devkinandan B. Agarwal. According to the petitioning creditor, the debtor has been issued insolvency notice no. N/28 of 2009 for the recovery of Rs.12,03,548.30 being the amount due under the ex-parte decree passed by this Court dated 13th August 2002 in summons for judgment no.1309 of 2000 in summary suit no. 4281 of 2000. The said insolvency notice was served on the debtor on 8th December 2009. The debtor failed to make the payment and has also not taken out any proceedings for setting 2 aside the insolvency notice. The act of insolvency was therefore, completed on 12th January 2010. 2. The debtor has not filed his reply to the petition. The learned Advocate for the debtor, on instructions from the debtor who is present in Court, states that he has no submissions to make on behalf of the debtor. The insolvency petition is therefore, allowed in terms of prayer clauses (a) and (b). [ S.J.KATHAWALLA, J. ]