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Bombay High CourtIA/3214/2025dismissed

Shehzad Adil Nensey v. Kishwar Adil Nensey And 5 ORS

2025-08-18Hon'Ble Shri Justice Farhan Parvez Dubash4 pages

Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION(L) NO.30261 OF 2023 IN SUIT NO.145 OF 2024 Shehzad Adil Nensey ...Applicant/Plaintiff

Versus

Kishwar Adil Nensey & Ors.,

...Respondents/Defendants

---------- Mr. Sharan Jagtiani, Senior Counsel a/w Mr. Dhruva Gandhi i/b Mr. Darshit Jain for Applicant/Plaintiff.

Mr. Kunal Damle for Respondent No.1/Defendant No.1. Ms. Shreya Jha i/b Ms. Supriya Parkar for Respondent No.2/Defendant No.2.

---------- CORAM : R.I. CHAGLA, J.

DATED : 18th AUGUST, 2025.

ORDER :

1.

Pursuant to the directions of this Court an Interim Report has been filed by the appointed Commissioner. Thereafter, there have been e-mails exchanged between the parties with regard to KAVITA SUSHIL JADHAV additional points which the Defendants submit have not been by KAVITA SUSHIL JADHAV Date: 2025.08.20 18:24:49 +0530 considered by the Commissioner in the Interim Report. There is an email dated 2nd August, 2025 addressed by the Commissioner, 1/4

wherein she has stated that the Interim Report had been prepared strictly based on documents and material available upto the date of filing the Interim Report. The documents relied upon are annexed to the Report for transparency and reference. Further, it is stated by the Commissioner that if there is any additional documents or clarification that the parties believe are relevant and were not previously shared, they are welcome to provide the same for consideration.

2.

The Commissioner has remained open to review any further material that may assist in ensuring that the Final Report is comprehensive and reflective of all relevant facts. 3.

Thereafter the Defendants have submitted additional documents and / or clarifications and a meeting is to be fixed by the Commissioner for consideration of the additional points which have been raised by the Defendants. The Commissioner has indicated that subject to hearing the parties and consideration of the additional documents and / or their clarification, the Final Report will be prepared by the Commissioner.

4.

Accordingly, the Commissioner is directed to fix a 2/4

hearing of the parties in the above Suit to consider any additional points or clarification they may have with regard to the additional documents / further documents.

5.

The Commissioner shall thereafter prepare a Final Report and file the same with the Registry of this Court on or before 8 th September, 2025.

6.

The Commissioner shall share a copy of the Final Report with the Advocates of the parties in the above Suit, once it has been filed in the Registry.

7.

The Commissioner is at liberty prior to preparing the Final Report, to direct the parties to share any additional / further documents as may be necessary, with her, within a period of one week from today.

8.

The Commissioner shall for that purpose fix a meeting of the parties on 25th August, 2025.

9.

Copies of the documents which have been relied upon in the Interim Report by the Commissioner shall be given to the parties. 3/4

10.

The Commissioner shall prepare the Final Report in terms of Point (v) of Order dated 24th April, 2025, updated till 8th September, 2025.

11.

Needless to state that the Interim Report shall merge with the Final Report.

12.

The matter shall be placed for the submission of Final Report and hearing of the parties on 15th September, 2025. [R.I. CHAGLA, J.] 4/4