Rajiv S/O. Sureshchand Agarwal v. Mr. Sureshchand Rameshchand Agarwal

23-MPT NO.54-2015.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.54 OF 2015 Sureshchand Rameshchand Agarwal ...Deceased And Rajiv S/o. Sureshchand Agarwal

...Petitioner

Ms. Jyoti Mistry, i/b. S.U. Srivastav & Co. for the Petitioner.

CORAM:

G.S. PATEL, J.

DATED:

21st March 2016 P.C.

1.

Pursuant to the order dated 29th February 2016, Consent Affidavits of the partners of M/s. Hindustan Forging & Steel Industries are tendered. These Affidavits in Reply are of one Mr. Sunil Kumar Rameshchand Agarwal affirmed on 9th March 2016, of one Mr. Mahendrakumar Rameshchand Agarwal also of the same date, of one Mr. Rakeshkumar Rameshchand Agarwal also of the same date and of one Mr. Pramesh Kumar Rameshchand Agarwal of 10th March 2016. There is also in addition an Affidavit of one Mr. B.R. Agarwal affirmed on 10th March 2016. 2.

The Petitioner is the son and next-of-kin of one Sureshchand Rameshchand Agarwal who died intestate in Mumbai on 5th August 2015. The deceased's legal heirs are named in the table below paragraph 2. No Will has been found.

23-MPT NO.54-2015.DOC 3.

No other Petition for Probate, Letters of Administration or Succession Certificate or Heirship Certificate has been filed. By previous orders, proclamation was dispensed with. The Affidavits of the partners of the firm and of which the deceased was partner are, as I have noted, on file. There is no further remaining reason to refuse the relief sought.

4.

The Heirship Certificate is required for production before MIDC.

5.

The Petition is made absolute in terms of prayer (a), in favour of the persons whose names are set out in the table below paragraph 2, viz., Mrs. Manju Sureshchand Agarwal, Mr. Rajiv Sureshchand Agarwal, Ms. Neeta Vishal Agarwal and Ms. Richa Manoj Poddar. 6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)