Savitri Devi Kabra v. Saroj Harinaryan Karwa And 5 ORS

7-S-3-2016.DOC VIKRANT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 22 OF 2016 IN SUIT NO. 3 OF 20016 Savitri Devi Kabra Applicant/ Orig.Plaintiff In the Matter of Savitri Devi Kabra ...Plaintiff

Versus

Mrs. Saroj Harinaryan Karwa and Others.

...Defendants Mr. S.U.Kamdar, Senior Advocate, a/w Mr. Karl Tamboly, Ms.

Saheda Madraswala i/b. M/s. Bharucha & Partners, for the Applicant/Plaintiffs.

Mr. V. R. Dhond, Senior Advocate, a/w Shyam Kapadia i/b. Arun Panicker, for Defendant No.

6.

Ms. Snehal Shah,a/w Niket Jain i/b. M/s. Vigil Juris, for Defendants Nos. 1 to 4.

CORAM: G.S. PATEL, J DATED:

27th September 2016 PC:- 1.

The Notice of Motion is to be finally heard. The record is (somewhat excessively) complete. No Sur-Sur-Rejoinder is to be filed in the Registry. Whether or not the Sur-Rejoinder will be taken into account will be decided later.

27th September 2016

7-S-3-2016.DOC 2.

In modification of the previous order, and since the Appeal Court has directed an expeditious hearing of the Notice of Motion, rather than requiring the contesting Defendants to bring back the amounts into Court, it will be sufficient if those Defendants file a statement disclosing the amounts having received from the Plaintiff's account, the shares that were transferred from her Demat account and how they have further transacted with those shares (specifically: whether they have transferred those shares between themselves or have sold them; and, if they have been sold, then the consideration or amounts received against such sales). This statement is to be filed on Affidavit by Monday, 3rd October 2016. 3.

The Advocates for the Plaintiff will give the Advocates for the contesting Defendants inspection of all documents referred to and relied upon in the Plaint and in the various Affidavits filed by the Plaintiff and the 6th Defendant. Inspection will begin on 30th September 2016 at the offices of the Advocates for the Plaintiff and will continue on 1st October 2016, if necessary. I am making this provision in respect of inspection by both the Plaintiff and the 6th Defendant since the 6th Defendant is supporting the Plaintiff. The other Defendants will give the Plaintiff and the 6th Defendant inspection of the documents referred to in their Affidavits from Monday, 3rd October 2016 onward at a mutually agreed venue. 4.

Matter to be listed at the end of the supplementary board for hearing and final disposal on 6th October 2016. (G. S. PATEL, J.) 27th September 2016