Bombay High Court
Dilip Jayantilal Mehta Anr vs Kashmira Jayantilal Mehta And 4 Ors on 1 March, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
8 ial 30691-21..doc
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
LAXMI
LAXMI SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
2022.03.03
11:06:21
+0530 ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 30691 OF 2021
IN
SUIT (L) NO. 30681 OF 2021
Dilip Mehta & Anr. ..Applicants/Plaintiffs
Vs.
Kashmira J. Mehta & Ors. ..Defendants
.....
Mr. Cyrus Ardeshir with Yash Momaya & Dhanshree Gaikaiwari i/b
M/s. Bilawala & Co. for the Applicants.
Dr. Abhinav Chandrachud with Ekta Dalvi for Defendant No.1 and 2.
Mr. Shanay Shah with Paras Gosar i/b. Jayesh Vyas for Defendant No.4.
.....
CORAM:- B. P. COLABAWALLA,J.
DATE :- MARCH 01, 2022.
P. C.:
1. The parties are trying to settle the disputes inter se between them and informed me that a cousin of the Plaintiffs and the Defendants is intervening in the matter to mediate the disputes.
2. In the meanwhile, Dr. Chandrachud, the learned Advocate appearing on behalf of Defendant Nos. 1 and 2 submitted that the Plaintiffs have tendered a letter dated 31 st January, 2022 addressed by the Advocate for Defendant No.1 which sets out the list of monthly Laxmi 1/3 8 ial 30691-21..doc expenses of Defendant No.2. The list of the expenses according to Defendant No.1 is as under:
SR. NO. EXPENSES AMOUNT
1 Caretaker Rs. 37,200/- P.M.
2. Cook and Maid Rs. 10,500/- P.M.
3. Medicines and Diapers Rs. 8,700/- P.M.
4. Groceries Rs. 21,900/- P.M.
5. Physiotherapy Rs. 4,000/- P.M.
6. Miscellaneous Expenses Rs. 26,800/- P.M.
7. Medical Insurancw Rs. 2,500/- P.M.
Total Rs. 1,11,600/- P.M.
3. Dr. Chandrachud submitted that the aforesaid expenses, at least for the month of March 2022, be paid pending the settlement going on between the parties.
4. The learned Advocate appearing on behalf of the Plaintiffs stated that without prejudice to all their rights and contentions, they are willing to bear the expenses of Defendant No.2 mentioned at serial no. 1, 2, 3, 4, 5 and 7 aggregating to Rs. 84,800/-. It is stated that items at serial nos. 1, 2 and 5 shall be remitted directly to the bank account of the concerned persons within a period of three days of receiving the details of their bank accounts. So far as items at serial no. 3, 4 and 7 are concerned, the Plaintiffs shall pay the same directly to Defendant No.1 either by cash or by account payee cheque. The learned Advocate stated that agreeing to this adhoc arrangement should not be construed to Laxmi 2/3 8 ial 30691-21..doc mean that the Plaintiffs have undertaken to carry out this exercise even for future months. This is only a pro-tem arrangement pending the settlement between the parties. All the statements made by the Plaintiffs regarding the payment are accepted as undertakings given to the Court.
5. Dr. Chandrachud has assured the Court that the bank details of the persons mentioned at serial nos. 1, 2 and 5 shall be furnished to the Advocates for the Plaintiffs latest by 4 th March, 2022.
The said statement is accepted.
6. List the above matter on 8th March, 2022 (HOB).
7. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. ) Laxmi 3/3