Mockett, J.

1. The Official Assignee by this Notice of Motion seeks for a declaration that the settlement of a debt of Rs. 2,453 due to the insolvent by the respondent alleged to have teen effected on the 17th of February, 1934 by the payment of Rs. 913 is a voluntary transfer under Section 55 of the Presidency-towns Insolvency Act so far as the balance Rs. 1,540 is concerned. The facts are these. The Insolvent and the respondent have been doing business together and on the above date the respondent admittedly owed to the insolvent a sum of Rs. 2,453. This debt was settled by payment in cash of Rs. 713 and a promissory note for Rs. 200 making Rs. 913 and by the balance of Rs. 1,540 being waived. The respondents story is that this amount was remitted because the insolvent had been supplying to him (the respondent) tobacco of a low quality over a period of four years and that at the time of settlement he requested the insolvent to show him some consideration. His exact words are, "I complained and he said he would make an allowance". It should be noticed that the respondent does not suggest that he threatened the insolvent with an action in respect of the quality of the tobacc