Hari Shankar Singhania (Now Deceased) And 5 ORS. v. Gaur Hari Singhania (Now Deceased) And 15 ORS.

45-CHS1138-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1138 OF 2018 IN EXECUTION APPLICATION NO. 2006 OF 2015 Hari Shankar Singhania (Now deceased) & Ors ...Applicants

Versus

Gaur Hari Singhania (Now deceased) & Ors

...Respondents

Mr Simil Purohit, with Naseem Patrawala, i/b Malvi Ranchoddas & Co., for the Applicants.

Mr Sairam Subramanian, i/b M/s. Khaitan & Co., for the Respondents in the Chamber Summons.

Mr Mohan Bir Singh, with Rahul Jalon, i/b MBJ & Co., for Respondents Nos. 10 to 13.

CORAM: G.S. PATEL, J DATED:

8th October 2018 PC:- 1.

Respondent No. 1 has passed away. Respondent Nos. 2 and 3 are his only heirs. They have an heirship certificate from a Court in Kanpur.

2.

The present litigation is part of a series of disputes within the Singhania family. The amount in this case has been crystallized and Rs. 2,52,33,334/- was admittedly the share of the 1st Respondent. 8th October 2018

45-CHS1138-18.DOC 3.

The Applicants have sought that this amount be paid to original Respondents Nos. 2 and 3, Sushila and Yadupati, the deceased 1st Respondent's wife and son, without requirement of a grant in some testamentary proceeding. I do not think that there is a need or necessity in these very special circumstances of the formality of a probate or a succession certificate. That might in fact delay matters considerably.

4.

The Chamber Summons is allowed in terms of prayer clause (a). No costs.

(G. S. PATEL, J) 8th October 2018