1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY PETITION NO. 34 OF 2009 Re : Devendra M. Mistry .. Debtor Ex-Parte : Kantilal Bastimal Jodhavat ..Petitioning Creditor .... Mr. Ramesh Jain for the Petitioner Creditor. None for the Debtor. .... CORAM : S.J. KATHAWALLA, J. DATE : JANUARY 5, 2010. P.C. By this petition, the Petitioning Creditor is seeking an order of adjudication against the debtor. According to the Petitioning Creditor the debtor is indebted to the Petitioning Creditor in the sum of Rs.13,42,807.61 alongwith further simple interest thereon at the rate of 18 % p.a. on 8,01,000/- from 24th March, 2009 till payment and/or realisation being the amount due under a decree on Admission dated 17th October, 2005 passed by this Court in Summary Suit No. 2260 of 2005, in favour of the Petitioning Creditor and against the debtor. 2 2. The Insolvency Notice No. N/20/2009 i.e. dated 18th May, 2009 was issued at the instance of the Petitioning Creditor against the debtor abovenamed. The said notice was duly served upon the Debtor on 28th May, 2009. The debtor failed and neglected to pay the amount claimed in the notice and/or take out any proceedings for setting aside of the said Insolvency Notice. The debtor has committed an act of Insolvency on 3rd July, 2009. The Petitioning Creditor has filed an affidavit dated 14th December, 2009 proving service and has produced the acknowledgment of the debtor dated 30th November, 2009. Despite having received the said proceedings, the debtor has failed to file his reply. In fact, today, none appears for the debtors. 3. In view thereof, the Petition is made absolute in terms of prayer clauses (a) and (b). 4. The Petition is, accordingly, disposed of. [ S.J.KATHAWALLA, J. ]