Varsha Jimmy Daruwalla v. Prakash Uprendralal Dalal And The Manager Oriental Bank Of Commerce (Respondent)

18-NMT279-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INESTATE JURISDICTION TESTAMENTARY SUIT NO. 72 OF 2012 IN TESTAMENTARY PETITION NO. 532 OF 2011 WITH NOTICE OF MOTION NO. 279 OF 2017 Varsha Jimmy Daruwalla ...Applicant In the matter between Varsha Jimmy Daruwalla ...Plaintiffs

Versus

Prakash Uprendralal Dalal ...Defendant And The Manger Oriental Bank of Commerce

...Respondent

Mr SU Pandey, for the Applicant.

Dr Abhinav Chandrachud, a/w Mr Danish Gala, i/b VimaDalal & Co, for the Defendant.

CORAM: G.S. PATEL, J DATED:

23rd January 2018 PC:- Notice of Motion No. 279 of 2017:

1.

Mr Pandey agrees that the reliefs sought in this Notice of Motion are not maintainable in view of the settled law on the subject.

23rd January 2018

18-NMT279-17.DOC 2.

I concur.

3.

The Notice of Motion is dismissed as withdrawn with liberty to Mr Pandey to adopt appropriate proceedings, if available in law. Testamentary Suit No. 72 of 2012:

4.

The dispute is between siblings. There is one other sister who is to be made a party. With a little persuasion from the Court, I am happy to note that the parties have, with the assistance of Mr Gala and Mr Pandey, in principle agreed to settle all their disputes. I have a handwritten proposal that has been worked on by Mr Gala and Mr Pandey. I will take this on record for completeness. 5.

Parties request that the matter be kept on Tuesday. The other sister stays abroad as does the Defendant. Their signatures may be obtained on a document sent to them as an email attachment, printed out, scanned and returned in pdf format. A print out will be accepted for the purposes of settlement. A soft copy of the pdf should be furnished on a pen drive as well containing the email and the scans of the signed drafts. I am using this protocol in order to avoid delay, costs and inconvenience to the parties. I will pass further directions on the next date regarding maintaining a complete signed digital copy of these documents.

6.

List the matter on 31st January 2018 on the supplementary board.

(G. S. PATEL, J) 23rd January 2018