Mr. Basantkumar Bilasraj Rungta v. Lara Parukh Kanga And 5 ORS.

ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 144 OF 2015 IN TESTAMENTARY PETITION NO. 353 OF 1996 Basantkumar Bilasraj Rungta

...Petitioner

Versus

Lara Parukh Kanga & 5 Others

...Respondents

Mr. D.D. Madon, Senior Advocate, with Ms. Sonal, i/b Mr. Arun Panickar, for the Petitioner.

Mr. Karl Tamboly, i/b Mr. M.A. Dudhane, for Respondents Nos. 1 to 4.

Mr. Eruch Kotwal, with Ms. Shivani Khanna, i/b FZB & Associates, for Respondents Nos. 5 and 6.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

All the disputes between the parties are settled. 2.

The expression "parties" requires some explanation. Both Petitioners are present in Court, as is Respondent No. 2. 3.

The Consent Terms are signed by Petitioner No. 1, Petitioner No. 2 and by Respondent No. 2 for herself and for Respondents

Nos. 1, 3 and 4 as well. Respondents Nos. 5 and 6 are present in Court and have signed the Consent Terms. In addition, one Dr. Bhartu has signed these Consent Terms on behalf of Respondents Nos. 1, 2, 3 and 4, although his signature on behalf of Respondent No. 2 is apparently an error, which he confirms personally in Court. Dr. Bhartu's presence and signature on these Consent Terms is necessary since he is a party to certain other proceedings as well. The Advocates for respective parties have also signed these Consent Terms.

4.

The matter has been before me previously. I have had occasion to hear it briefly. I have now considered the Consent Terms and I am satisfied that they are in order and not contrary to law. I am also satisfied that the parties have arrived at these Consent Terms of their own volition, without any element of fraud, force or coercion and that these Consent Terms reflect their true intentions. 5.

I note that annexed to these Consent Terms are documents that are required to be filed or executed including Consent Terms in several other proceedings as well. I am informed that these Consent Terms are being tendered and an order in those terms is being taken today before KR Shriram J to whom those Suits are assigned. 6.

The present Consent Terms in the Miscellaneous Petition are taken on record and marked "X" for identification. The undertakings in the Consent Terms are accepted as undertakings to the Court.

7.

Pursuant to Clause (9) of the present Consent Terms, Testamentary Petition No. 353 of 1996 and Testamentary Petition No. 564 of 1992 are permitted, by consent, to be amended, so that Respondents Nos. 5 and 6 to the present Miscellaneous Petition, i.e., Anita Wadia-Subbarao and Kayus Wadia are shown as heirs of the late Noshirvan Dubash in those testamentary proceedings. 8.

The Miscellaneous Petition is disposed of in accordance with the Consent Terms. There will be no order as to costs. 9.

Certified copy expedited.

10. All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.)