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Bombay High CourtS/477/2016disposed off

Chandrashekhar Balkrishna Kothari And 2 ORS v. Rajan Balkrishna Kothari And 4 ORS

2023-10-23Hon'Ble Shri Justice Manish Pitale32 pages

Bombay in respect of Room No. 19 on 2nd floor, Laxmikant Bhuvan in High Court. The Plaintiffs and Defendant No. 2 and have executed the requisite withdrawal affidavits simultaneously and handed over the same to the Advocates for Defendant No. 1. The Plaintiffs and Defendant No. 2 hereby authorise Defendant No. 1 to approach Advocate Mr. Bharat Joshi and/or any other Advocate to file appropriate application and get the matter listed on board for withdrawing the names of Plaintiffs and Defendant No. 2 from the said Civil Revision Application. The Plaintiffs and Defendant No. 2 shall remain physically present in the Hon'ble High Court, if required, for the purpose of such withdrawal on a date notified by Defendant No. 1 with 2 days' prior written intimation. Further, the Plaintiffs and Defendant No.

2 shall not be entitled to claim any share towards the proceeds and / or possession received from the said Room No. 19 nor shall they be liable for any costs, expenses, claims, fees, penalties arising from any litigation in respect of the said Room No. 19 and the Landlords of Laxmikant Bhuvan shall be liable for any costs, expenses, claims, fees (including advocate's fees), penalties against the Plaintiffs and Defendant No. 2 and Landlords indemnify the Plaintiffs and Defendant No. 2 in this regard.

18.

The Plaintiffs and Defendant No. 2 agree and undertake to this Hon'ble Court that, upon receipt of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) each and upon grant of Probate of the aforesaid Testamentary Petitions, if any other forms and / or undertakings are required from the Plaintiffs and/ or Defendant No. 2 for effectively transferring all the movable and immoveable properties listed in Schedule Nos. I and II hereunder, including but not limited to Laxmikant Bhuvan / \.

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Fixed Deposit Receipt with Union Bank of India, Kandivali 18.

Branch, Mumbai -400 067, bearing Receipt No. 373563 dated 16th February 2015.

Fixed Deposit Receipt with Union Bank of India, Kandivali 19.

Branch, Mumbai - 400 067, bearing Receipt No. 373453 dated 28th March 2014.

Fixed Deposit Receipt with Union Bank of India, Kandivali 20.

Branch, Mumbai - 400 067, bearing Receipt No. 373278 dated 9th February 2013.

Fixed Deposit Receipt with Union Bank of India, Kandivali 21.

Branch, Mumbai - 400 067, bearing Receipt No. 373177 dated 9th December 2012 Fixed Deposit Receipt with Union Bank of India, Kandivali 22.

Branch, Mumbai -400 067, bearing Receipt No. 0793569 dated 2pt June 2005.

Fixed Deposit Receipt with Union Bank of India, Kandivali 23.

Branch, Mumbai -400 067, bearing Receipt No. 934167 dated 27th June 2006 Fixed Deposit Receipt with Union Bank of India, Kandivali 24.

Branch, Mumbai - 400 067, bearing Receipt No. 246117 dated 24th November 2012.

Fixed Deposit Receipt with. Union Bank of India, Kalbadevi 25.

Branch, Mumbai - 400 002, bearing Receipt No.748928 dated 12th April 2012.

Fixed Deposit Receipt with Union Bank of India, Kalbadevi 26.

Branch, Mumbai - 400 002, bearing Receipt No. 748827 dated 27th January 2012.

27.

Fixed Deposit Receipt with Union Bank of India, Kalbadevi Branch, Mumbai - 400 002, bearing Receipt No. 748863 dated 24th February 2012.

28.

Fixed Deposit Receipt with Dena Bank, Gulalwadi Branch, Mumbai - 400 004, bearing Receipt No. 814012 dated 19th June 2014, or any other updated Receipt No. associated with the mentioned Account.

29.

Fixed Deposit Receipt with Dena Bank, Gulalwadi Branch, Mumbai - 400 004, bearing Receipt No. 9889850 dated 16th May 2013.

30.

Fixed Deposit Receipt with South India Bank Ltd. Girgaum Branch, Mumbai - 004, bearing Receipt No.

0266100000002919 dated 16th August 2006.

31.

Fixed Deposit Receipt with South India Bank Ltd., Girgaum Branch, Mumbai - 400004, bearing Receipt No.

0266100000004714 dated 20th May 2011.

32.

Fixed Deposit Receipt with South India Bank Ltd., Girgaum Branch, Mumbai - 400004, bearing Receipt No.

0266100000003106 dated 12th April 2007.

33.

Fixed Deposit Receipt with South India Bank Ltd., Girgaum Branch Mumbai - 004, bearing Receipt -No.

0266100000002828 dated 10th August 2011.

34.

Fixed Deposit Receipt with South India Bank Ltd., Girgaum Branch, Mumbai - 004, bearing Receipt No.

0266100000003365 dated 26th February 2008.

3 5.

Senior Citizen Savings Scheme with State Bank of India, Mumbai Main Branch, Mumbai - 400001, bearing Receipt No. 31664142655 dated 10th March 2011.

36.

Senior Citizen Savings Scheme with State Bank of India, Mumbai Main Branch, Mumbai - 400 001, bearing Receipt No. 33049346223 dated 18th June 2013.

Y

or any other scheme changed by Nippon associated with the mentioned Folio.

75.

Mutual Funds investments with Reliance (now Nippon India Mutual Fund) Vision Fund bearing old Folio No. 40427044135/0 and now bearing new Folio No. 404152954426, or any other scheme changed by Nippon associated with the mentioned Folio. 76.

DEMAT Account with South India Bank, Girgaum Branch, Mumbai-400 004, bearing Account No. 1302790000104526. 77.

DEMAT Account. with South India Bank, Girgaum Branch, Mumbai-400 004, bearing Account No. 1302790000152401. 78.

300 shares with Sand Plast (I) Ltd. bearing Distinctive Nos. 003167357 -003167656.

79.

200 Shares with Mother Care (I) Ltd. bearing Distinctive Nos. 3068793 - 3068892, 1360407 - 1360456 and 3070753 - 3070802.

80.

34 Shares with Zenith Ltd. bearing Distinctive No. 01402598 - 01402631.

81.

150 Shares with Arihant Cotsyn Ltd. bearing Distinctive Nos. 12896061 -12896110 and 20423221 -20423320.

82.

100 Shares with Movilex Plastics Ltd. bearing Distinctive Nos. 2573451 -2573550.

83.

200 Shares with· Titan Alloys Ltd. bearing Distinctive Nos. 03951601-03951800.

84.

300 Shares with Rohini Strips Ltd. bearing Distinctive Nos. 02763401 -02763500 for 100 Shares and bearing Distinctive Nos. 07431501 -07431700 for the remaining 200 Shares. 85.

1 Share with Farm Enterprises Ltd. bearing Distinctive No. 66757.

86.

20 Shares with Gulf Oil Corporation bearing Distinctive Nos. 74347181 -74347200.

Nina alias Nilaben Bhupendra Mehta PlaintiffNo. 2 R_ . f. pÿ~ Rita Prakash Parekh PlaintiffNo. 3 Rachana U. Kapasi Advocate for Plaintiffs Z[ Rajan Balkrishna Kothari Defendant No. 1 for Mis. MV Law Partners r- ` (Partner) Advocates for Defendant Nos. 1 and 5 9- .1 Rina Rajan Kothari Defendant No. 5 IV\ \") M ~,}w÷\,, ..

Meena Kirit Mandani Defendant No. 2 a c \, ,v> '\ A-iLe b - \| J nt "') c l -\ r r\.n ?/ v1d\ , -,;f\ N alini Ramchandra Kothari Defendant No. 3 Ao - \J t \J ?✓ Rina H. Pujara U Advocate for Defendant Nos. 3 and 4 (1/\ ]J~^'

_ Amit Ramchandra Kothari Defendant No. 4

IN THE HIGH COURT OF JUDICATURE

ATBOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 477 OF 2016 CHANDRASHEKHAR BALKRISHNA KOTHARI & OTHERS Plaintiffs RAJAN BALKRISHNA KOTHARI & OTHERS Defendants :'

CONSENT TERMS Dated this 23rd day of October, 2023 M/S. MV LAW PARTNERS Advocates for the Defendant Nos. 1 and 5 314-315, Hari Chambers, 3r.ct Floor, 58/64, Shahid Bhagat Singh Road, Fort, Mumbai - 400 001