Shapur Dadabhoy Broacha v. Pirojbai (Pilloo) Dadabhoy Broacha And 2 ORS And The Hongkong And Shanghai Banking Corpn.Ltd (Resp.

920-NMS694-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 694 OF 2017 IN SUIT NO. 845 OF 2014 Shapur Dadabhoy Broacha ...Plaintiff

Versus

Pirojbai (Pilloo) Dadabhoy Broacha & Ors ...Defendants Mr Clive D'Souza, for the Plaintiff.

Mr Satyam N Vaishnav, with Nupur J Mukherjee, i/b M/s. NN Vaishnawa & Co., for the Defendants/Applicants. Mr Shashank Fadia, with Perminder Singh for HSBC. Mr Suryakumar, Officer of HSBC, in person CORAM: G.S. PATEL, J DATED:

25th April 2017 PC:- 1.

Mr Fadia on behalf of the HSBC makes a statement that the Bank will submit to an order of the Court.

2.

The Notice of Motion is made absolute in terms of prayer clauses (a) and (b), which read as follows:

"(a) That pending the hearing and final disposal of the suit, the Respondents Bank be directed to continue to operate the Account No. 002-410462-001 by 25th April 2017

920-NMS694-17.DOC encashing the cheques issued in the name of "P.D. Broacha & Others" and allow the parties to operate the same as has been operating till February 2017; (b) The Respondents Bank be ordered and directed to delete the name of Ms. Jeroo Dadabhoy Broacha and replace the same with the name of Mr. Zubin Khurshed Broacha, the Defendant No. 3;"

3.

The deletion of the name of the deceased person Ms Jeroo Dadabhoy Broacha and its substitution with the name of Mr. Zubin Khurshed Broacha, Defendant No. 3, is without prejudice to the rights and contentions of all parties (excluding HSBC). 4.

All concerned, including HSBC, will act on an authenticated copy of this order.

(G. S. PATEL, J.) 25th April 2017