Farida Ahmed W/O Shahnawaz Ahmed And 2 ORS. v. Mutiur Rehman S/O Naushad Ali Wahid Ali And 5 ORS. And Saregama India Limited And ANR (Prop.Resps)

7-nms-1239-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1239 OF 2019 IN NOTICE OF MOTION NO.3502 OF 2010 IN SUIT NO.107 OF 2010 Mutiur Rehman and Others ...Applicants/ (Ori. Defendants) In the matter between Farida Ahmed w/o. Shahnawaz N. Ahmed and Others ...Plaintiff vs.

Saregama India Limited

...Respondent

Mr. Reyden Gonsalves i/b. Ms. Eventa Gonsalves, for the Plaintiff. Mr. Kunal Parekh i/b. Thakare Jariwala and Associates, for the Respondent Mr. B.K. Bali i/b.Bali Associates, for the Applicants/Ori. Defendants CORAM :

N. J. JAMADAR, J.

DATE :

JANUARY 27, 2021 P.C.:

In Notice of Motion No. 1239 of 2019 :- .

Heard the learned counsel for he parties.

2.

This Notice of Motion is taken out by the original Defendants seeking to withdraw the royalty amount deposited pursuant to the order dated 6th April, 2011 passed in Notice of Motion No. 3502 of 2010, in proportion to the shares mentioned in the schedule annexed to the Motion.

Vishal Parekar, P.A.

...1

7-nms-1239-2019.doc 3.

The learned counsel for the Plaintiff has no objection to allow the Motion.

4.

By an order dated 30th October, 2018, in view of the no opposition to the identical Motion, being Notice of Motion No. 1467 of 2018, it was allowed in terms of prayer clause (a) therein. The persons who are named in the schedule with their respective shares in the royalty are the heirs of the late celebrated music Director Mr. Naushad and there is no dispute about the ratio in which they are entitled to share the said royalty amount. 5.

In view of above, the Notice of Motion stands allowed in terms of prayer clause (a).

In Suit No. 107 of 2010 :- 6.

The learned counsel for the Plaintiff seeks time to fle affdavit of documents.

7.

The parties shall fle affdavit of documents within a period of four weeks. The discovery and inspection be completed within two weeks thereafter. The statement of admission and denial of the documents be fled within a week thereafter. 8.

List on 24th March, 2021.

(N. J. JAMADAR, J.) Vishal Parekar, P.A.

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