Dr. Kumudish P. Muzumdar And ANR. v. 1a. Rekha Ashok Muzumdar And 2 ORS And Hindustan Unilever Limited And 6 ORS. (Proposed Respondents)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 86 OF 2018 IN SUIT NO. 42 OF 2001 IN PETITION NO. 208 OF 2001 Subhash Parmanand Muzumdar ..... Applicant

IN THE MATTER BETWEEN

Dr.Kumudish Parmanand Muzumdar & Anr.

..... Plaintiffs

VERSUS

Rekha Ashok Muzumdar & Ors.

..... Defendants AND Hindustan Unilever Limited & Ors.

..... Respondents Mr.Uday Bobde, i/b. Mr.Prashant Kulkarni for the Applicant. Mr.Vishwajeet Kapse for the Respondents/Defendants. CORAM :

R.D. DHANUKA, J.

DATE :

26th NOVEMBER, 2018 P.C.

Learned counsel appearing for the parties jointly state that they have no objection if the name of respondent no.1 i.e. Hindustan Unilever Limited is also included in paragraph (3) of the order dated 29th October,2018 and if the company is also directed by this court to transfer 45240 shares standing in the name of the deceased, in the name of the four parties whose names are mentioned in paragraph (1) of the order dated 29th October,2018. Such shares in the said company which are to be transferred in favour of these four persons are as under :-

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No.

Name of Beneficiary Distinctive Nos.

From - To Total shares 1.

Padma Muzumdar 865880551 - 865891860 11310 2.

S.P.Muzumdar 865891861 - 865903170 11310 3.

Vivek Muzumdar 865903171 - 865914480 11310 4.

Rekha Muzumdar 865914481 - 865925790 11310 2.

Mr.Bobde, learned counsel appearing for the plaintiff states that Ms.Padma Muzumdar will accept such share on behalf of herself and Dr.Alpana Milind Nabar who is impleaded as defendant no.3B. Mr.Kapse, learned counsel appearing for the defendant nos. 1A to 1D states that Mr.Gaurang Ashok Muzumdar will accept 1/4th share on behalf of himself and on behalf of defendant no.1A i.e. Ms.Rekha Ashok Muzumdar, defendant no.1B Mr.Kedar Ashok Muzumdar and Ms.Gitanjali V.Desai i.e. defendant no.1D. Statement is accepted. 3.

Insofar as the directions issued in paragraph (2) of the order dated 29th October,2018 passed by this court is concerned, learned counsel appearing for the parties jointly state that the amounts have not been deposited by the said party with the office of the learned Prothonotary and Senior Master of this court till date and thus the said amount could not be invested by the learned Prothonotary and Senior Master.

4.

The banks described in paragraph (6) are directed to comply with the order dated 29th October,2018 and not later than two weeks

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The parties, the companies, whose names are described in paragraph (3) and in the order passed by this court today and the banks whose names are described in paragraph (6) of the order dated 29th October,2018 to act on the authenticated copy of this order. 6.

Notice of motion is disposed of in terms of the earlier order dated 29th October,2018 followed by the order passed by this court today.

7.

There shall be no order as to costs.

8.

It is made clear that if there are any other assets of the deceased, the parties are at liberty to file a separate notice of motion for seeking reliefs in respect of those assets.

[R.D. DHANUKA, J.]