JUDGMENT - A.V. SAVANT, J.:---Heard both the learned Counsel; Mr. Doctor for the appellant (Original Claimant) and Mr. Jain for respondent No. 1-Official Assignee, High Court, Bombay.

2. The appeal is against the order dated 15th January, 1999 passed by the learned Single Judge on the report made by the Official Assignee on 18th March, 1995, in Insolvency Petition No. 84 of 1977 which was filed by the Petitioning Creditors M/s. Cable Corporation of India Ltd., respondent No. 2, for a declaration that respondent Nos. 3, 4 and 5 were insolvents. The appellant (Original Claimant) Smt. Yogini Mehta is the wife of respondent No. 4 Chandrakant Mehta. By an order passed on 7th September, 1977 in Insolvency Petition No. 84 of 1977, respondent Nos. 3, 4 and 5 were adjudged insolvents. The inventory of the movables was prepared on 17th October 1977.

3. The appellant made a claim in respect of two flats viz. flats Nos. B/28-29 situated at Vellard View Premises Co-operative Society Ltd., 3rd floor, "B" Wing, Tardeo Road, Bombay, and the movables in the said flats on the basis of the gift of the said property to her by respondent No. 4 her husband on 12th November, 1972. Admittedly, there is no

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