Shivkumar Indersen Mirchandani v. Malani Kotechhha And Another

901-NMT12-14.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 12 OF 2014 IN TESTAMENTARY SUIT NO. 116 OF 2014 IN TESTAMENTARY PETITION NO. 1443 OF 2011 Shivkumar Indersen Mirchandani ...Plaintiff

Versus

Malani Kotechha & Anr.

...Defendants Mr. J.P. Sen, Senior Advocate, with Mr. Uday Bhanu Singh, i/b Mr. Ivor Peter D'Cruz, for the Plaintiff.

Mr. Nikhil Sakhardande, with Mr. Kaustav Talukdar & Ms.

Shubhra Swami, i/b Mr. Waquar Ahmad, for the Defendants.

CORAM: G.S. PATEL, J DATED:

22nd March 2016 PC:- 1.

Mr. Sakhardande for the Defendants state that he has instructions to withdraw their caveat. There is a single common caveat. The Caveators are (i) Malini Kotechha; (ii) Priya Tejwani; and (iii) Mohan Waswani.

901-NMT12-14.DOC 2.

The Caveat is dismissed as withdrawn. Notice of Motion No. 12 of 2014 for discharge of the Caveat is infructuous and does not survive.

3.

This being the only Caveat, there is no surviving contest to the Suit. The Petition will, therefore, proceed as an uncontested Petition for the grant of Letters of Administration. Registry to proceed with the grant as expeditiously as possible acting on an authenticated copy of this order.

4.

All the Caveators' rights and contentions in respect of any property said to have been included in the estate of the deceased are expressly kept open and they will be at liberty to pursue such civil remedies as are available to them in law. (G. S. PATEL, J.)