1 inpt-23-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi INSOLVENCY PETITION NO. 23 OF 2010. Re : Jinesh Shah. ..Debtor. Ex-parte : Kishore Prabhudas Adnani. ..Petitioning Creditor. .... Ms. Kavita S. Lalwani, for Judgment Creditor. None for Debtor. .... CORAM : S.J. KATHAWALLA, J. DATE : 19TH JULY 2011. P.C. : By the above Petition, the Petitioning Creditor seeks an order of adjudication against the Debtor. According to the Petitioner, the debtor is indebted to the Petitioning Creditor in the sum of Rs. 1,10,031.25 being the amount due under the decree dated 22nd March 2007 passed in Summary Suit No. 3373 of 2003 by the Bombay City Civil Court with further interest on Rs.50,000/- @ 17% p.a. From 6thMay 2009 till payment as per the particulars of claim annexed and marked Exhibit ‘A’ to the petition. 2. The Petitioning Creditor issued notice No. N-31/2009 dated 16th July 2009 to the Debtor for recovery of the aforesaid amount under the said decree. The said Insolvency Notice was served upon the Debtor on 26th July 2010 but the Debtor has not complied with the Insolvency Notice. The Debtor has also not taken out any Notice of Motion for setting aisde the Insolvency Notice. The Debtor has therefore failed to comply with the Insolvency Notice and committed an act of insolvency on 31st August 2010. 2 inpt-23-10 3. The Petitioner has thereafter taken out the present Petition and attempted to serve the same on the Debtor. However, the packet containing the Petition was returned with the remark “unclaimed”. The Petitioner has, therefore, effected service of Petition on Debtor by way of substituted service. An Affidavit proving service on the Debtor by way of substituted service dated 29th June 2011 is taken on record. In the above circumstances, the Petition is allowed in terms of prayer clauses (a) and (c). [ S.J. KATHAWALLA, J. ]