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Bombay High CourtNMS/1127/2015disposed off

Dr.Nequib Yahya Kachwala v. Amina Yahyabhai Kachwala And 3 ORS.

2015-10-23Hon'Ble Shri Justice G.S. Patel2 pages

923-NMS-1127-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1127 OF 2015 IN SUIT NO. 1624 OF 1993 Dr. Nequib Yahya Kachwala ...Plaintiff

Versus

Amina Yahyabhai Kachwala & 3 Ors.

...Defendants Mr. R. Tolat, i/b M/s. L. C.

Tolat & Co., , for the Plaintiff.

Mr. S. Saiyed, a/w Ms. Naina Jain, i/b M/s. Wadia Ghandy & Co., for the Defendants.

CORAM: G.S. PATEL, J DATED:

23rd October 2015 PC:- 1.

A statement is made on behalf of the Defendants that the Defendants are ready and willing to take the necessary steps and execute the necessary documents to have their names removed as the second or third holder (as the case may be) in respect of the deceased in the 60 companies listed in Exhibit "G" to the Affidavit in Support of the Notice of Motion. The statement is accepted as an undertaking to the court. Nothing remains in the Notice of Motion, and the Notice of Motion is disposed of in these terms.

923-NMS-1127-15.DOC 2.

Mr. Tolat is correct in saying that this matter must now be put to an end. The Defendants assure Mr. Tolat and the Court of all cooperation and specifically state that within three weeks of Mr. Tolat or his client intimating to the Defendants the action required to be taken, the Defendants will take the necessary steps, excluding in respect of those companies, the shares in which, according to the Defendants, the Plaintiffs have no entitlement. 3.

Liberty to the parties to apply.

(G. S. PATEL, J.)