Meher Vinod Mody v. Pheroze Rustom Mody

app-569.15.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.569 OF 2015 Mrs. Meher Vinod Mody ... Appellant Vs.

Mr. Pheroze Rustom Mody ... Respondent Mr. Rajeev V. Talasikar a/w Ms. Geetanjali Kulkarni for the Appellant. Mr. Zubin Behram Kamdin i/by Wadia Ghandy & Co. for the Respondent.

CORAM : A.S. OKA & P. D. NAIK, JJ.

DATE : 26th APRIL, 2016 P.C.

The learned counsel appearing for the Respondent on instructions states that though according to the case of the Respondent, the true copies of the accounts have been furnished to the Appellant, without prejudice to the said contention, the Respondent is ready and willing to give inspection to the Appellant of the accounts of the estate of the deceased maintained by the Respondent. He states that the Respondent has appointed one Shri Ashar, an Accountant to maintain the accounts. He states that after taking inspection of the accounts if the Appellant has any queries, he is free to make those queries in writing to Shri Ashar. He further states that as soon as queries are received, a joint meeting will be convened in which the Appellant, the

app-569.15.sxw Respondent and Shri Ashar will remain present and that Shri Ashar will issue necessary clarifications on the basis of queries made by the Appellant. The learned counsel appearing for the Respondent states that inspection of the accounts will be given within a period of two weeks from today. The learned counsel appearing for the Appellant states that he will submit queries within a period of two weeks from the date on which inspection is taken.

The learned counsel appearing for the Respondent states that meeting will be convened within a period of one month from the date on which queries are submitted by the Appellant. We accept the said statements made by the learned counsel for the Respondent on instructions without prejudice to his rights and contentions. In view of the statements of the Respondent, the learned counsel appearing for the Appellant seeks leave to withdraw the Appeal. Accordingly, the Appeal is disposed of as withdrawn. (P. D. NAIK, J ) (A.S. OKA, J )