Mayur Mangaldas Kothari v. Uttank Vinayak Vora And ANR.

3-TS-17-2021 IN TP-2694-2019 WITH TP-4171-2019.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 17 OF 2021 IN TESTAMENTARY PETITION NO. 2694 OF 2019 Mayur Mangaldas Kothari ...Plaintif

Versus

Uttank Vinayak Vora & Anr ...Defendants IN TESTAMENTARY PETITION NO. 471 OF 2019 Uttank Vinayak Vora & Anr

...Petitioners

And Neeraj Vinayak Vora ...Deceased Mr Karl Tamboly, with Ms Ishani Paradkar & Ms Darla Dmello, i/b Nityoah Suneel & Associates, for the Plaintiff Mr Ganesh K Gole, with Ashutosh Shukla, i/b Arif Alia, for the Defendantf Atul G.

Kulkarni by Atul G.

Kulkarni Date:

2021.03.11 10:29:22 +0530 CORAM: G.S. PATEL, J DATED:

10th March 2021 PC:- 1.

On instructions, and in view of the fact that the Testamentary Petition for Letters of Administration at the instance of a secured creditor is not maintainable, Mr Tamboly seeks leave to withdraw 10th March 2021

3-TS-17-2021 IN TP-2694-2019 WITH TP-4171-2019.DOC the Testamentary Petition and consequently the Testamentary Suit. The Testamentary Petition and Testamentary Suit are dismissed as withdrawn.

2.

However, this is without prejudice to the Petitioner's substantive recovery civil suit being Summary Suit No. 1148 of 2019 that is already being fled and which is pending, and also without prejudice to all interim or other applications in that proceedings. 3.

Court fees to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certifcate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. 4.

copy of this order.

(G. S. PATEL, J) 10th March 2021