1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Insolvency Petition No. 19 of 2009 Prashant Chunilal Ganger ..Debtor vs. Shantilal Keshrimal Jain ..Petitioning creditor. Mr.Ramesh Jain for petitioning creditor None for debtor. CORAM: S.J.KATHAWALLA J. 21 st July, 2009 P.C. 1 By this petition the petitioning creditor seeks an order of adjudication against the debtor. It is the case of the petitioning creditor that the debtor has been indebted to the petitioning creditor in the sum of Rs.30,116.57 paise and further simple interest at the rate of 18% p.a. on Rs. 25,000/- from 5 th February, 2009 until payment and/or realisation under a decree/order dated 11 th December, 2008 passed by the City Civil Court at Mumbai in summary 2 suit no.2724 of 2008. 2 The learned Advocate appearing for the petitioning creditor has submitted that insolvency notice no.N/11 of 2009 dated 17 th February, 2009 was received by the debtor on 18 th February, 2009. The debtor failed and neglected to pay the amount claimed or to take out proceedings for setting aside the said Insolvency Notice and also failed to comply with the requisitions of the said Insolvency Notice. Thus, the debtor has committed an act of insolvency on 26 th March, 2009. 3 Though, as set out in the Affidavit by the petitioning creditor dated 18 th June, 2009, the debtor has been served with the petition on 18 th May, 2009, he has not come forward to contest the petition. In view thereof, the facts set out in the petition have gone uncontroverted. The contentions/averments made by the petitioner 3 in the petition are, therefore, accepted as true and correct. 4 The petition is, therefore, made absolute in terms of prayer clauses (a) and (b) which read as under: a) An order of adjudication be passed by this Hon ble Court against the debtor above named. b) For costs of this petition and costs incidental and consequential thereto. (S.J.KATHAWALLA J.)