Bombay High CourtTP/429/2005

Mayur Girish Shah. v. Girish Parmanand Shah

2017-01-23Registry Disposal2 pages

1/2 13.TP-429-2005.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO.429 OF 2005 Mayur Girish Shah ....Petitioner V/s.

Girish Parmanand Shah ....Deceased ---- Mr. Mayur Girish Shah, petitioner in person.

Ms. Jyotsna Parmanand Shah, Constituted Attorney of Mrs. Kanchan P. Shah present in person.

Mr. R.J. Mane, AGP for the State.

---- CORAM : K.R.SHRIRAM,J DATE : 3rd FEBRUARY, 2017 P.C.:- The petitioner in person states that he has received a letter from the Prothonotary and Senior Master, High Court, Bombay stating that the amount that was payable to his grand mother has been deposited in the bank account of one Ms. Jyotsna Parmanand Shah, Constituted Attorney of his grand mother, i.e., Kanchan P. Shah through NEFT on 13th June, 2015. Mr. Shah states that his grand mother had died quite some time ago. Ms. Jyotsna Parmanand Shah, Constituted Attorney of Mrs. Kanchan P. Shah, who is present in court states that her mother Mrs. Kanchan P. Shah, is very much alive but is not able to come to the court because she has fractured her leg. Gauri Gaekwad

2/2 13.TP-429-2005.doc Therefore, the Prothonotary and Senior Master to appoint an Associate of this court as Commissioner to go and find out whether Mrs. Kanchan P. Shah is really alive and file a report to this court. Ms. Jyotsna Parmanand Shah states that Mrs. Kanchan P. Shah resides with her at "3 Garden View, S.V.P. Road, Kandivali (West), Mumbai 400 067".

The Commissioner to go to the above mentioned address and verify whether Mrs. Kanchan P. Shah is alive and if so, in what physical and mental condition she is. During the said visit, the petitioner in person is also directed to accompany the Commissioner to identify his grand mother. The Commissioner to file a report within three weeks from today.

The Commissioner shall contact the petitioner and inform the petitioner at least four days in advance about the date and time of visit since the petitioner is coming from Pune. The petitioner's contact detail is as under :

"Mobile No.9850168426"

Stand over to 3rd March, 2017.

(K.R.SHRIRAM,J) Gauri Gaekwad