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Bombay High CourtCST/85/2019absolute

Prakash Hiralal Shah And ANR v. Gabriel Pradeep Swaminath Pillai (Deceased)

2021-04-07Hon'Ble Shri Justice G.S. Patel2 pages

23-CST85-19-IN-TPL3878-18.DOCX Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 85 OF 2019 IN TESTAMENTARY PETITION (L) NO. 3878 OF 2018 Prakash Hiralal Shah & Anr

...Petitioners

And Gabriel Pradeep Swaminath Pillai ...Deceased Mr SN Vaishnav, wth Amraan Grewas,i/b M/s. NN Vaishnawa & Co, for the Petitioners.

CORAM:G.S. PATEL, J (Through Video Conferencing) DATED: 7th April 2021 PC:- 1.

Heard through video conferencing.

2.

The Chamber Summons seeks restoration of the Petition and setting aside of a conditional order of 20th March 2019. Then it seeks that an ofce objection demanding that the executor produce the bank account numbers for the accounts in Schedule-I. Obviously, the Petitioners being the executors may not have those details but they will be available with the heirs. 7th April 2021

23-CST85-19-IN-TPL3878-18.DOCX 3.

Mr Vaishnav says that once the citation issued, the Petitioners will call upon the legal heirs to product the relevant bank account numbers. He is correct.

4.

The Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c), subject to the Applicants/Petitioners giving an undertaking that on citations being issued, they will, within two weeks, issue notice to the legal heirs calling upon them to provide full particulars of the assets listed in Schedule-I of the Petition. 5.

The Chamber Summons is disposed of in these terms. There will be no order as to costs.

6.

All concerned will act on production of an ordinary copy of this order.

(G. S. PATEL, J) 7th April 2021