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Bombay High CourtTS/73/2024disposed off

Swati Rajnikant Gaikwad (Plaintiff) v. Vimal Vithal Tidake (Defendant)

2024-05-09Hon'Ble Shri Justice Manish Pitale7 pages

...Deceased Swati Rajnikant Gaikwad Age 42 years Occupation Service Residing at, 71, Colabawala House, Shahid Bhagat Singh Road, Colaba, Mumbai 400 005 And Malaysia Address: Tower F, Block 1, Level 9, Unit 03, Mutiara Ville, Residence Persiaran Sepang, Cyber-11, Cyberjaya, Selangor, 63 000 Malaysia ...Plaintiff

Versus

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Vimal Vithal Tidake Aged 65 years, Having address at Flat No. B-1, G-003, Vandana Apartment. Opp. Akashnidhi Complex.

Ramdev Park Road, Mira Road (East) Taluka & District Thanc - 401107 ... Defendant CONSENT TERMS

1. The Plaintiff above named has filed the captioned Testamentary Petition for grant of Letters of Administration and for appointing her as Administrator in respect of properties and credit of Late Prasad Vithal Tidake (hereinafter referred to as "the DeceasedTM). The Plaintiff is the wife of the deceased.

2. The Defendant is mother of the deceased and as such is one of the Class 1 heirs of the deceased. The Defendant had filed the Caveat objecting to the captioned Petition filed by the Plaintiff/Petitioner for grant of Letters of Administration and for appointing her as Administrator in respect of properties and credit of the deceased.

Gonod

hereinbelow:

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(i) Fixed Deposits in SB A/c No.5-068586-118 and Recuring Account No. 5068586-118 approximately worth Rs. 9.77.869.00/- in Citibank, N.A. Bombay Mutual Building 293, D.N.Road, Fort, Mumbai -400 001, (iii) Joint SB AC. N0.227201 10027257 Prasad Tidake and Swati Prasad Tidake from UCO Bank.

Aalauti Elegance, Ramdev Park Road Branch, Mira Road. Dist. Thaie. 401107 approximately balance Rs. 6,000/- (iv) Provident Fund Employee 1D0203 8070 Mphasis Pvt Ltd.101 Infinity IT Park Building 4 Gen. Arunkumar Vaidya Road, Dindoshi Mumbai - 400 viz.

Provident Fund Number KN/I 6573/12873 approximately worth 80,000/-.

All the aforementioned assets shall 100% (exclusively) go to the share of the Plaintiff i.e. Swati Rajnikant Gaikwad.

(c) The parties agree and acknowledge that the Deccased had no undischarged liabilitics.

4. The Parties agree, declare and confirm that, to the best of parties" knowledge, the deceased Late Prasad Vithal Tidake }P\'

6. The parties agree and undertake that each party shall bear their own costs and expenses, if any, required for change in the names in revenue or Society records.

7. The parties agree and undertake to present the consent terms before Hon'ble Bombay High Court for passing the order in terms of this consent terms and dispose of the captioned Testamentary Petition and shall personally remain present to confirm the same.

8.

Pursuant to the instructions of the Parties the Consent Terms have been prepared. The terms have been read over and explained to the Defendant in Marathi to the Defendant Vimal Vithal Tidake by her son Shradhanand Vithal Tidake and she has understood the same.

9:\43 VRV /\'\Ad'\i{/ Swati Rajnikant Gaikwad Vimal Vithal Tidake (Plaintiff) (Defendant) * Advocate for Plaintiff Advocate for Defendant Date: Oqlof 2024 Date:

TN\ Place: Mymoas Place:

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IN THE HIGH COURT OF

JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTON TESTAMENTARY SUIT NO. 73 OF Petition for Letter of Administration to the Property and Credits of Late. Prasad Vithal Tidake ...Deceased Swati Rajnikant Gaikwad ...Plaintiff V/s Vimal Vithal Tidake ...Defendant CONSENT TERMS Dated this 9TM day of May 2024 D'Souza Anil Pascal Advocate [or Defendant MAH/2338/2001 OS No. 7261 Advocate Code: 15108 Chamber No. 7, 1% Floor, Examiner Press Building, Dalal Street, Fort, Mumbai 400001 Email: anil.dsouza@email.com Cell: 9892098346