REGE, J .:- This is an appeal by an applicant-appellants one M/s. D. Vasantrai and Co. against the judgment and order of Mrs. Sujata Manohar, J. dated 20th September 1978.

2. BY an order of adjudication dated 6-3-1973 by the Insolvency Court, on the petition dated 6-3-1973 by the Petitioning creditors, the firm of M/s. Bhavanidas and its partners were adjudicated insolvents (hereinafter called the Insolvents.). At the relevant time the said insolvents were the tenants of the premises at the ground floor, Sethna Building, opposite Parsee Fire Temple, Princess Street, Bombay 400002, where they were carrying on business in cloth. By an agreement of sub-tenancy dated 11-10-1971 made between the insolvent firm and its partners of one part and one Messrs. D. Vasantrai and Co. the appellants herein of the other, the insolvents sublet the said premises to the appellants. The said agreement specifically stated that the insolvent firm had closed, down the business and that it had given the said premises on the tenancy basis on the terms and conditions stated therein.

3. After the said M/s. S. Bhavanidas and its partners were adjudicated Insolvents, the Official Assignee made a repor