Supreme Court - Daily Orders
Dillip J. Giyanani vs State Of Maharashtra . on 7 September, 2015
Bench: Dipak Misra, Prafulla C. Pant
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1166 OF 2015
(Arising out of SLP (Crl) No.3695 of 2015)
DILLIP J. GIYANANI Petitioner(s)
VERSUS
STATE OF MAHARASHTRA AND ORS. Respondent(s)
O R D E R
Leave granted.
This Court on 27.07.2015 had passed the following order :
“Heard Mr. Charanjeet Chanderpal, learned counsel for the petitioner. It is submitted by him that the High Court, by interim order, has protected the respondent which is not permissible in law. Ordinarily, we would not have issued notice. However, a suggestion has come from the learned counsel for the petitioner that though the mediation has failed at the High Court level, regard being had to the undertaking given by the elder brother, the accused in this case, the petitioner is prepared to discuss and settle the matter.
Regard being had to the latter submission, Issue notice to respondent no.3 returnable on 07.09.2015.
Dasti in addition is permitted.
The petitioner and the third respondent Signature Not Verified Digitally signed by shall remain personally present before this Gulshan Kumar Arora Date: 2015.09.16 13:09:35 IST Court on that date.
Reason:Till this matter is disposed of, the High Court shall not proceed with the matter. We have passed this order, as we are assured by 2 the learned counsel for the petitioner that there is immense possibility for settlement.” Today Mr. Dilip J. Giyanani, the petitioner herein and Mr. Jaykumar Giyanani, respondent no.3 herein, are personally present. They have filed a document which contains the settlement between the parties. The said settlement reads as under :
“CONSENT TERMS BETWEEN THE PETITIONER, RESPONDENT NO.3 AND OTHERS IN FULL AND FINAL SETTLEMENT OF ALL DISPUTES
1. By consent, following parties have been added as Respondents to the present proceedings:
1. Mrs. Vanita Shankar Peswani, ) Nee Chandra Jamnadas Giyanani ) Age: 58; Occupation: Service ) Residing at 10/3, Vivekanand CHS ) Bhandar Gully, Mahim, ) Mumbai 400 016 )...Respondent No. 5
2. Mrs. Kanchan Gul Bhagtani, ) Nee Geeta Jamnadas Giyanani ) Age: 56; Occupation: Doctor. ) Residing at 17,A/5 Navjeevan CHS) hembur (East), Mumbai 400 074 )... Respondent No. 6
3. Mrs. Karishma Lachhman Dua, ) Nee Pushpa Jamnadas Giyanani ) Age: 54; Occupation: Housewife ) Residing at 15, Manik Moti, ) 17th KharRoad, Khar (West), ) Mumbai 400 052. )....Respondent No. 7
4. Mrs. Kavita Jaykumar Giyanani ) Age: 45; Occupation: Housewife. ) Residing at PO Box 374, ) State Route 27, Edison, ) NJ- 08817, USA) )....Respondent No. 8
5. Miss Nisha Jaykumar Giyanani ) Age: 21; Occupation: Student ) Residing at PO Box 374, ) State Route 27, Edison, ) NJ- 08817, USA ) …Respondent No. 9 3
6. Miss Sonia Jaykumar Giyanani ) Age: 17; Occupation: Student ) Residing at PO Box 374, ) State Route 27, Edison, ) NJ- 08817, USA ) ...Respondent No. 10
7. Mrs. Seema Dilip Giyanani ) Age: 44; Occupation: Housewife ) having her address at R/O 52, ) Padam Prabhu, ) LBS Road, Ghatkopar West ) Mumbai – 400086 )…Respondent No. 11
8. Mr. Rohit Dilipkumar Giyanani ) Age: 22; Occupation: Student. ) Residing at 34 Crittenden Way, ) Apartment No 3, Rochester, ) NY 14623, USA. )...Respondent No. 12
2. The Petitioner, Respondent No. 3 and the Re-
spondent No. 5 to 7 are siblings and are the legal heirs of Late Shri Jamnadas Pahilajrai Giyanani who died on June 6, 2008. The Respon- dent No. 8 is the wife and Respondent No. 9 & 10 are the daughters of Respondent No. 3 & 8 whereas the Respondent No. 11 is the wife and Respondent No. 12 is the son of the Petitioner and Respondent No. 11. The aforesaid persons are hereinafter collectively referred to as ‘the parties’. The Respondent No. 1, 2 are parties to the proceedings before this Hon’ble Court but are only proforma parties for the purpose of these Consent Terms having no right, title and/or interest of any nature whatsoever in respect of the subject matter of present settlement arrived at between the par- ties and agree to be bound and/or in no manner dispute any of the terms of the settlement.
3. The parties have agreed and undertaken to am-
icably resolve all their disputes and distrib- ute amongst themselves all assets forming part of the personal estate of Late Mr. Jamnadas Pahilajrai Giyanani (hereinafter referred to as ‘JPG’) the H.U.F of JPG viz. Jamnadas Pahi- lajrai Giyanani H.U.F and JPG’s undivided share in Pahilajrai Khimandas HUF;(hereinafter the said entire assets of JPG, JPG HUF and JPG's undivided share in Pahilajrai Khimandas HUF is collectively referred to as ‘the estate 4 of JPG’) as per the understanding more partic- ularly recorded in these Consent Terms. The parties have also agreed and undertaken to am- icably resolve all their disputes as regards their respective right, title and interest over some personal assets owned by the parties and distribute the same amongst themselves as more particularly recorded in these Consent Terms.
4. The Respondent No. 10 is presently a minor as per the laws of India but who is competent to contract as per the laws of New Jersey, USA of which she is a citizen, has signed the present Consent Terms The Respondent No. 3 as the fa- ther/guardian has deposited Rs 25,00,000/- as the share of Respondent No. 10 in the estate of JPG with Mr. Mohan Gurnani a relative and elder of the parties, before filing of these Consent Terms. The Respondent No. 10 has exe- cuted these Consent Terms before the Indian consulate in New York, USA where the local law permits a person over and above 17 years of age to enter into contracts and the Respondent No. 3 agrees and undertakes to keep all other parties wholly indemnified against any claim raised by the Respondent No. 10 as regards the validity, binding effect of these consent terms and/or share of the Respondent No. 10 in the estate of JPG. The Respondent No. 10 upon attaining majority on 9th November, 2015 shall ratify in writing that the understanding ar- rived under these consent terms are acceptable and binding on her and that she would neither challenge the consent terms arrived hereunder nor make any additional claims against any of the parties hereunder and upon such ratifica- tion/ undertakings given by the Respondent No 10, Mr. Mohan Gurnani shall hand over the share of Respondent No. 10 as determined pur- suant to these Consent Terms to her, uncondi- tionally and without any additional consent or action of the other parties hereto.
5. The parties hereby on the filing of these con-
sent terms, unconditionally withdraw all the allegations made in their respective pleadings against each other in all the pending suits, petitions, applications and complaints whether civil or criminal or income tax, sales tax, state excise or any other government depart-
5ment. The parties agree, confirm, declare and undertake that all past understandings arrived at between the parties, whether written or oral, including but not limited to the Memo- randum of Understanding dated 15th July 2007, Memorandum of Understanding dated 6th January, 2011 and Memorandum of Understanding dated 23rd March 2012 and/or any understanding shall stand revoked, cancelled, and deemed to be null and void and non-existent on filing of these Consent Terms and the present Consent Terms are the terms which have been finalised between the parties in full and final settle- ment and shall be binding on them.
6. The parties hereby agree, confirm and declare that the Will dated 5th July 1990 executed by JPG (hereinafter referred to as the said Will) was his last will and testament, made volun- tarily and without any undue influence and/or coercion of any nature whatsoever. The parties admit, agree to and confirm that they shall not now nor at any time in the future protest and/or raise any objection and/or dispute whatsoever as regards its existence, genuine- ness, validity, vis a vis the said will being the last will and testament of JPG. The par- ties further agree, confirm and declare that they have mutually agreed and decided to dis- tribute the entire estate of JPG as per the bequeathal made under the said will with a few modifications by consent of all beneficiaries and parties to this consent terms, in order to maintain peace and harmony and good relations amongst the family members as more particu- larly recorded in these Consent Terms. The present understanding arrived at amongst the parties as regards resolution of disputes and distribution of assets hereunder shall be binding on each of the parties and their re- spective heirs, executors, administrators, as- signs as more particularly recorded in clause 36 of these Consent Terms.
7. The parties agree, confirm, declare and under-
take that the entire estate of JPG and all personal assets of parties as recorded and de- tailed in these consent terms are free from all encumbrances, charges and/or any govern- ment / statutory claims and as on date no third party rights, title and/or interest 6 whatsoever are existent and/or have been cre- ated by either party in respect of any asset forming part of the entire estate of JPG and/or subject matter of these consent terms. The parties hereby further agree and undertake not to create any encumbrances, third party right, title and/or interest in respect of the entire or any part of the estate of JPG and/or any other assets forming subject matter of these consent terms, from the date hereof, while the properties are in the process of be- ing transferred to the beneficiary party as specifically set out under these consent terms and shall each keep the beneficiary party to whom any property is being transferred indem- nified from any third party claims that may arise on account of each individual parties own act.
8. The parties further agree, confirm and declare that JPG at the time of his demise left behind 2400 gms of jewellery in Locker no. 288 main- tained with Allahabad Bank, Ghatkopar (E) Branch and jointly allotted to the Petitioner & JPG. The jewellery which included gold, loose diamonds and diamond jewellery was an- cestral jewelry belonging to JPG, his grand- mother, wife and all his children which was also declared by JPG in his wealth tax returns under Voluntary Disclosure Scheme in 1997 un- der his name and in the name of the Respondent No. 3 (with the exception of few items that were not declared in any of the VDS returns) and also in his personal balance sheet for the Financial year 2007-2008. Now, irrespective of the contents of locker number 288 maintained with Allahabad Bank, Ghatkopar (E) Branch at the time of JPG’s demise, the parties hereto agree, confirm declare and undertake as under :
(i) The Petitioner confirms that he is in possession of the 2400 gms of jewellery left behind by JPG.
(ii) The Petitioner agrees and undertakes to handover 1650 gms genuine hallmark 995 mark bearing 24 carat gold bar/biscuits to Mr. Mohan Gurnani forthwith on the filing of these consent terms who shall in turn distribute the same as under 7
within 30 days from the date filing of these consent terms:
a. A total of 300 gms of the bar/biscuits shall be handed over to each of the Re- spondent No. 5 to 7 respectively in full and final satisfaction of their respec- tive share in the aggregate jewellery of 2400 gms as left behind by JPG.
b. A total of 750 gms of the bar/biscuits shall be handed over to the Respondent No. 3 in full and final satisfaction of his share in the aggregate jewellery of 2400 gms as left behind by JPG.
(iii) Apart from the aforesaid 2400 gms of jewellery, an ancestral piece of jew-
ellery viz. a gold nath weighing approxi- mately 38 grams, which holds sentimental value for the Petitioner, Respondent No. 3, Respondent No. 5 to 7 herein shall be handed over by the Petitioner to Mr Mohan Gurnani upon the filing of these consent terms and the same shall be auctioned by Mr Mohan Gurnani amongst the highest bid- der from and out of the Petitioner, Re-
spondent No. 3, Respondent No. 5 to 7within a period of 60 days from the fil- ing of these consent terms in the manner that he deems fit and appropriate. No party shall raise any objection whatso- ever and/or challenge the mode of auction and/or the final outcome thereof and/or otherwise either now and/or at any time in the future. The proceeds of such auc- tion shall be distributed by Mr. Mohan Gurnani between the parties hereto as per the ratio agreed upon in clause 23(e)hereinbelow.
(iv) The Petitioner is in possession of 24 loose diamonds forming part of the estate of the deceased JPG and agrees and un- dertakes to forthwith on the filing of these consent terms handover the same to Mr. Mohan Gurnani who in turn shall within 30 days from the date of filing of these consent terms handover the same to the Respondent No 3.
8(v) The parties hereto shall lay no claim to any other jewellery already distributed and/or otherwise forming part of the es- tate of JPG except as agreed to in this clause.
9. The parties agree, confirm, declare and under-
take that all shares, debentures, in which JPG’s name stands as first holder and/or sole holder as on 6.06.2008 (with the exception of the shares, where Late Mrs. Laxmi Giyanani’s name, the deceased wife of JPG, stood as the first holder and Jamnadas Giyanani’s name stood as second holder but Late Mrs.Laxmi Giyanani's name was deleted after her death) as more particularly mentioned in Schedule I hereto as and/or any other shares held in physical form and/or being available by virtue of bonus, splits, change in name of company and/or any other additions after 6.06.2008, shall be absolutely transferred in favor of Respondent No. 8 as per the bequeathal made by JPG in the said will and the Petitioner and Respondent No. 3, 5 to 7, 9 to 12 waive their respective rights and/or claims to the said shares, debentures (if any) as on date. It is agreed, confirmed and declared that all shares held by either the Petitioner, Respondent No. 3, Respondent No. 11 where JPG’s name stood as the First Holder with the names of any of the parties herein as the Second Holder or other- wise shall be absolutely transferred in favor of the Respondent No. 8 , as per the be- queathal made by JPG in the said will and the Petitioner and Respondent No. 3, 5 to 7, 9 to 12 waive their respective rights and/or claims to the said shares, debentures (if any) as on date.
10. The shares more particularly listed in Sched-
ule II A & II B hereto stood in the name of Dilip Jamnadas Giyanani, Jaykumar Jamnadas Giyanani, Seema Dilip Giyanani as the First Holder with one or other of the parties hereto entered as the Second Holder of these shares. After the demise of Jamnadas Pahlajrai Giyanani, these shares were equally divided unitwise between the Petitioner and Respondent No. 3 in or around January 2009. It is now agreed, confirmed, declared and undertaken by and between the parties that the shares so di-
9vided between them shall be returned/trans-
ferred to the Petitioner and Respondent No. 11jointly where the name of the Petitioner and/or the Respondent No. 11 stood as first holder as more particularly detailed in Sched- ule II A hereto, and/or any other shares held in physical form and/or being available by virtue of bonus, splits, change in name of company and/or any other additions after 6.06.2008. It is also agreed, confirmed and declared by the parties that the shares where the name of the Respondent No. 3 stood as the first holder and the name of any of the other parties as the second holder or otherwise, as more particularly detailed in Schedule II B hereto and/or any other shares held in physi- cal form and/or being available by virtue of bonus, splits, change in name of company and/or any other additions after 6.06.2008, shall be returned/transferred to the Respon- dent No. 3.
11. It is agreed, confirmed, declared and under-
taken by and between the parties that all shares and debentures held amongst the Peti- tioner, Respondent No. 3, 5 to 7 as the First Holder with any of the Petitioner, Respondent No. 3, 5 to 7 having their name therein as second holder or otherwise, then all such shares/debentures shall be considered as the shares and debentures of the respective first holder alone and the respective second holders or otherwise relinquish their entire, right, title and/or interest therein in favor of the First Holder of the shares/debentures.
12. It is hereby further agreed, confirmed and de-
clared by the parties that the requisite share transfer forms, power of attorney, No Objec- tions Certificates etc. for the purpose of giving effect to transfer of shares/debentures as mentioned in Clause 9 to 11 hereinabove in terms of the understanding arrived at shall be duly signed by each of the parties as may be required and handed over to Mr. Mohan Gurnani on or before the filing of these Consent Terms.
13. It is agreed by and between the parties that shares and/or debentures standing in the first name of Late Mrs. Laxmi Giyanani on 6.6.08 as 10 contained in Schedule – III hereto (viz. En- tire estate of JPG HUF which are exclusive of shares/debentures as listed in Schedule I hereinabove) and/or any other shares held in physical form and/or being available by virtue of bonus, splits, change in name of company and/or any other additions after 6.06.2008 in the first name of Late Mrs. Laxmi Giyanani, shall constitute part of JPG HUF. The parties agree, confirm, declare and authorize the Pe- titioner and Respondent No.3 to jointly, open and operate DMAT account, jointly sign, exe- cute, liquidate the shares, debentures, bonds, securities etc. appearing in Schedule III and/or any other shares as stated hereinabove and deposit the proceeds received thereof in the HUF Bank Account within 60 days of filing these consent terms. It is further agreed, confirmed and declared that the proceeds real- ized post liquidation shall be distributed be- tween the parties hereto in the agreed ratio as defined in Clause 23 (e) hereinbelow.
14. The parties agree, confirm, declare and under-
take that all the assets and liabilities of the business of M/s PG Wines, a proprietary concern of JPG including business license thereof as more particularly detailed in Schedule- IV annexed hereto, excluding premises being Shop No. 52, Padam Prabhu, LBS Marg, Ghatkopar (W), Mumbai -400086 shall be allotted to the Petitioner, exclusively, as per the bequeathal made by JPG under the said Will. It is agreed by and between the parties that all the loans receivable & payable amongst the parties to the consent terms as reflected in the PG Wines Balance Sheet as on
06. 06. 2008 shall be returned by each of the respective parties hereto and all the loans payable standing in the PG Wines as on 06. 06. 2008 shall be repaid to each of the respective parties within 30 days from the date of filing of these consent terms. It is further agreed and undertaken by and between the parties that except for the Petitioner, Respondent No. 11 & 12, none of the other parties shall now and/or any time in the future claim any right, title, interest and/or share in the goodwill and/or the intellectual property rights and/or any other intangible assets of the business of M/s PG Wines, including Bank Account No 2260522476 11 held in the name of M/s PG Wines, with Stan- dard Chartered Bank, Ghatkopar (E), Branch . The parties jointly and severally agree and undertake to cooperate in every manner and sign all no objections, other documents, statements etc. for the purpose of giving ef- fect to the understanding hereinabove within 30 days of filing these Consent Terms.
15. It is further agreed, confirmed, declared and undertaken by and between the parties that as per the bequeathal made by JPG under the said Will, the Petitioner alone is entitled to right, title and/or interest in the PPF Ac- count, NSS Accounts standing in the name of JPG, as also reflected in the Balance Sheets of M/s PG Wines and all other parties, except the Respondent No. 11 & 12 in their capacity as heirs of the Petitioner, shall forthwith upon filing of these consent terms, relinquish their entire right, title and/or interest therein in favor of the Petitioner.
16. The parties hereby agree, confirm and declare that Flat No. 601, 6th Floor, Breeze Park, Plot No. 64, Sector 14, Koparkhairane, Navi Mumbai (hereinafter referred to as ‘the said flat’) presently stands in the name of JPG. The parties hereby agree confirm, declare and undertake that in lieu of Respondent No. 7 consenting to the distribution of assets and understanding arrived at under these consent terms, the Petitioner, and the Respondent No. 3, 5, 6, 8 to 12 shall release and/or relin- quish all their respective right, title inter- est, share in the said flat (if any) in favor of the Respondent No. 7. The parties further agree and undertake to execute necessary docu- ments of transfer to give effect to this un- derstanding. It is agreed by and between the parties that the Respondent No. 7 shall bear Stamp Duty, Registration, Transfer Charges and any incidental charges thereto in respect of transfer of the said flat The parties hereto agree and undertake to execute necessary ir- revocable power of attorney in favor of Mr. Mohan Gurnani to admit execution and remain present for the purpose of registration before the Sub-Registrar of Assurances which shall be done within 30 days from the filing of Consent Terms. The Petitioner and Respondent No. 3 12 shall not claim any payments made to the builder or the society or any third party in respect of the said flat from the Respondent No. 7. The Petitioner agrees and undertakes to handover the keys and original documents of this property to Mr. Mohan Gurnani on or be- fore the filing of the consent terms. The Pe- titioner also agrees, confirms and declares that as on date there is no encumbrance or lien of any nature whatsoever in respect of the said flat. It is agreed amongst the par- ties that the vacant possession of the said flat shall be handed over to the Respondent No. 7 immediately upon completion of transfer formalities as detailed hereinabove.
17. It is further agreed, confirmed, declared and clarified by and between the parties that JPG had no right, title and/or interest in Flat No. 1103 admeasuring 580 sq ft saleable and 1103-A admeasuring 440 sq ft saleable (now a single flat) on the 11th Floor, Building No. A, Balaji Garden Co-operative Housing Society Ltd. Plot No. 17, Sector 11, Koparkhairne, Navi Mumbai as the entire consideration thereof has been paid by the Petitioner al- though the name of JPG is reflected as second holder for Flat No. 1103 and first holder for Flat No. 1103-A . The Respondent No. 3 & 5 to 10 agree and undertake that they shall not now and/or at any time in the future raise any dispute and/or claim whatsoever in respect of the aforesaid Flat No. 1103 & 1103-A vis a vis the same being assets of JPG and shall execute such documents as are required to perfect the title of the Petitioner to this flat.
18. The parties agree, confirm, declare and under-
take that apart from the assets as set out in Schedule –I & IV hereinabove, the assets as contained in Schedule V annexed hereto also constitute the movable assets of JPG and in- clude assets acquired by JPG after execution of the said Will which are more particularly reflected in this balance sheet for the FY 2007-2008. The parties agree, confirm, declare and undertake that the assets as contained in Schedule V hereto shall be distributed amongst themselves in terms of the bequeathal made un- der the said will viz. the residuary clause whereby the Petitioner and Respondent No. 3 13 shall share the same equally amongst them- selves. The parties further agree and under- take that to give effect to this distribution the movable assets as contained in Schedule V hereto shall be liquidated jointly by the Pe- titioner and Respondent No. 3 and the proceeds realized therefrom shall be shared equally be-
tween the Petitioner and the Respondent No. 3within 60 days from the date of filing of these consent terms. The parties hereby agree and undertake to sign all the necessary forms, documents affidavits, declarations, no objec- tion certificates etc. to give effect to the liquidation and/or distribution of assets men- tioned in Schedule V hereto.
19. The parties agree, confirm, declare and under-
take that apart from the assets as set out in Schedule I, IV & V hereinabove the assets as detailed hereinbelow constitute the remainder/balance personal assets of JPG and include assets acquired by JPG after execution of the said will which are also reflected in his balance sheets for the FY 2007-2008 an- nexed to these consent terms The parties agree, confirm, declare and undertake that these assets shall be transferred/dealt with as under:
a. JPG’s/Laxmi Giyanani entire right, title and/or interest in Plot No. 7/8 at Bel- gaum bearing Survey No. 263-2, Kapilesh- war, Belgaum, Taluka Belgaum admeasuring approximately 300 sq. mts. shall be transferred in favor of the Respondent No. 3 as per the bequeathal made by JPG under the said Will.
b. JPG’s entire right title and/or interest in Flat No. 28/3, Chhaproo Society, Wing No. 2, Chapro Nagar, Nagpur -08 admeasur- ing approximately 800 sq ft built up area shall be transferred in favor of the Pe- titioner as per the bequeathal made by JPG under the said Will.
The other parties shall not now and/or at any time in the future claim any right, title and/or interest in the aforesaid properties and/or consideration and all parties shall extend necessary coopera-14
tion and execute all necessary documents for the purpose of effecting the transfer as aforesaid. It is agreed, confirmed and declared that the parties except the re- spective beneficiary party shall execute a Power of Attorney in favor of Mr. Mohan Gurnani for the purpose of admitting exe- cution of documents and completing re- lated formalities before the Registrar of Assurances or through a court order. It is agreed that the parties will endeavour to effect the transfer as aforesaid within 30 days from the filing of these consent terms.
20. In furtherance of Clause 19 pertaining to re-
mainder/balance personal assets of JPG, the parties, agree, confirm, declare and undertake as under:
a. As per bequeathal made by JPG under the said will, the Respondent No. 8 is enti- tled to half undivided share and/or right, title and/or interest of JPG in Shop No. 52, Padam Prabhu, LBS Marg, Ghatkopar (W), Mumbai – 400086 admeasur- ing approximately 378 sq. feet built up area. It is agreed, confirmed and de- clared by and between the parties that the Respondent No. 3 is entitled to the balance half undivided share and/or right, title and/or interest in this property. It is now agreed, confirmed and declared by and between the parties that the Respondent No. 3 & Respondent No. 8 shall transfer their entire right, title and/or interest in this shop in favor of the Petitioner for an aggregate consider- ation of Rs 2 crores payable jointly and equally to the Respondent No. 3 & 8 and none of the other parties shall now and/or at any time in the future claim any right, title and/or interest in this property.
b. JPG was entitled to entire right, title and/or interest in Room No. 3432, Build- ing No. 119, 2nd Floor, Pant Nagar, Ghatkopar (E), Mumbai – 400075. It is agreed, confirmed and declared by and be- tween the parties that all the parties 15 except the Respondent No. 3 shall relin- quish their entire right, title and/or interest in this property in favor of the Petitioner in consideration of entering these consent terms and additionally the Petitioner shall pay a sum of Rs 60 lacs to the Respondent No. 3 who shall relin- quish his entire, right title and/or in- terest in the Pant Nagar property for this consideration. It is agreed and undertaken by and between the parties that the Respondent No. 3, 5 to 10 shall not claim any right, title, interest over the corpus, rent, deposit and/or any other sum receivable in respect of this premises and/or any premises made available after redevelopment of this premises either.
c. It is agreed, confirmed, declared by and between the parties that the Petitioner and Respondent No. 3 are each in their individual capacity entitled to 25% right, title, interest and/share in flat No. 3 admeasuring 373 sq ft, in Building No. 1, Rama Krishna Cooperative Hsg. So- ciety Ltd, JVPD Scheme, Andheri (W) Mum- bai – 400049 together with one Mr. Jaik- ishan Sughand who owns the balance 50% share, right, title and/or interest therein. The Respondent No. 3 agrees, confirms, declares and undertakes to re- linquish/transfer his entire 25% right, title, interest and/or share in the Rama Krishna flat in favor of the Petitioner for a consideration of Rs 40 lacs payable to the Respondent No.3.
d. It is agreed, confirmed and declared by and between the parties that the Peti- tioner and Respondent No. 3 in their in- dividual capacity are jointly and equally entitled to right, title and/or interest in a leasehold godown viz. Gala No. E-61 admeasuring 1657.04 sq. ft or 154 sq. mts. in APMC Market, Phase II, Market I, Turbhe, Vashi, Navi Mumbai which was pur- chased from the partnership firm M/s “Pi- roomal Giyamal”. The Petitioner agrees, confirms, declares and undertakes to transfer his entire right, title, inter-16
est and/or share in Gala No. E-61 in fa- vor of the Respondent No. 8 for a consid- eration of Rs 3 crores payable by the Re- spondent No. 8 to the Petitioner.
21. The parties agree, confirm, declare and undertake that JPG was a partner in the business of New Maharashtra Wines along with the Respondent No. 3 & Respondent No. 12 who was a minor at that time and was admitted for the benefit of the business. The said business was conducted from the premises situated at Shop no.6, Kantharia Mahal,LBS Marg , Kurla West, Mumbai- 400 070, standing exclusively in the name of the Respondent No. 3. The FL II license for this business stands in the names of both the Respondent No. 3 & Respondent No. 12 and the observations as contained in the Order dated 31st March, 2015 in FLR 112015 / 141/E-2 made by the Collector of Mumbai (Suburbs), relevant to this position are as under:
“………However, the in the draft/ proposed partnership deed of July, 2008, submitted to us, it appears that name Mr. Dilip Giyanani is included along with Mr. Rohit Giyanani and Mr. Jaykumar Giyanani, but the same is not registered and it is also mentioned that the co-licencees viz. Mr. Rohit Giyanani and Mr. Jaykumar Giyanani had agreed to induct Mr. Dilip Giyanani as a partner (to the extent of 5%) in the partnership. In regard to the same it may be noted that as per the records available in this office, in respect of the said licence, the Collector have never recognised and there is no question of recognising Mr. Dilipkumar Giyanani in capacity of representative or partner or co-licence holder of M/s. New Maharashtra Wines. As mentioned hereinbefore, as per the provisions of Bombay Prohibition Act, 1949 licence for sale of liquor is granted to one or more persons and in case of a partnership, concerned partners can be treated as co-licence holders, after due enquiry with concerned legal heirs and other licence holders. In such case, the partnership deed is not of much significance. Instead, in case of death of a holder, requisite NOC from the legal heirs 17 is obtained and licence is granted in favour of such person, in whose favour NOC is obtained.
In the present case, complainant Mr. Dilip Giyanani along with other legal heirs had submitted one notarized affidavit dtd. 15/07/2008. Similarly, Mr. Dilip Giyanani had consented in his deposition to grant of licence in favour of Mr. Rohit Giyanani and Mr. Jaykumar Giyanani. As mentioned herein before there is no significance of partnership deed in regard to grant of licence for sale of liquor. Similarly, as mentioned hereinbefore this office or collector has never treated Mr. Dilip Giyanani as a partner or there is no proceeding pending in respect of the same. Prima-facie, it is clear that Mr. Dilip Giyanani is not a partner presently and the same is conveyed to him vide letter dtd. 24/02/2015.” It is now agreed, confirmed, declared and undertaken by and between the parties hereto as under:
a. The Respondent No. 12 shall on receiving an aggregate consideration of Rs. 65,62,500/- plus the capital standing to the credit of the Respondent No. 12 in the books of New Maharashtra Wines as on 31st August, 2015, retire from the business and license of New Maharashtra Wines with effect from the date of filing these consent terms and his entire right, title and/or interest in the license, capital, and assets, both tangible and intangible (including goodwill) and business of New Maharashtra Wines, shall be treated as relinquished in favour of the Respondent No. 3.
b. The Respondent No. 12 who is presently residing in New York, USA shall extend all necessary cooperation and execute all necessary documents such as NOC,, Submissions to Excise Department for Deletion of his name in the FL II License No. 126 and CL/FL/TOD III License no. 371 and all other licenses, authorizations, 18 permits, etc. required for running the New Maharashtra Wines business., submission to sales tax and other statutory bodies, etc. before the Indian Consulate at New York, as may be required by the Respondent No. 3 c. The Petitioner also agrees and undertakes to extend all necessary cooperation and execute all necessary documents for the removal of Respondent No. 12’s name from the license and business of New Maharashtra Wines and shall give any statements or affidavits required by law for this purpose, with a view to facilitate and ensure that the business of New Maharashtra Wines and its license is held by the Respondent No. 3 alone and the right, title and/or interest of the Respondent No. 3 alone is perfected therein.d. The Petitioner and Respondent No. 12
jointly and severally undertake to cooperate in every manner and sign all necessary documents for the purpose of having the name of the Respondent No. 12 deleted from the FL II License No. 126 and CL/FL/TOD III License no. 371 and all other licenses, bank accounts, Sales Tax, Income Tax, VAT, registrations etc. and/or otherwise for ensuring that the business of New Maharashtra Wines and its license is held by the Respondent No. 3 alone and/or for perfecting the right, title, interest of the Respondent No. 3 in the New Maharashtra Wines business and license.
e. It is agreed, confirmed, declared and un- dertaken by and between the parties that all the loans receivable & payable by any of the parties, to the New Maharashtra Wines business shall be cleared/ re- turned/ repaid within 30 days from the date of filing of these consent terms.
f. It is further agreed and undertaken by and between the parties that subject to the Respondent No. 12 receiving consideration as detailed hereinabove, 19 none of the parties, except the Respondent No. 3 & 8 to 10, shall now and/or at any time in the future claim any right, title, interest, share or consideration of any nature whatsoever in the business, license and assets of New Maharashtra Wines.
g. It is agreed, confirmed, declared and undertaken by and between the parties that the Respondent No. 3 shall solely be liable and/or responsible for all financial claims/ liabilities against the New Maharashtra Wines business specifically arising out of MVAT and/or Income Tax department, with effect from 20th February, 2013 and shall keep the other parties wholly indemnified against the same.
h. The Petitioner and Respondent No. 12 also agree, confirm, declare and undertake that on the filing of the present consent terms, the Petitioner and Respondent No. 12 shall unconditionally withdraw all the civil and criminal complaints made against the Respondent No. 3 in the Maharashtra State Excise Department, Sales Tax/ MVAT Department and with the police authorities concerning the New Maharashtra Wines business and licenses.
22. With respect to the transfer of assets/proper-
ties/business/licenses as detailed in Clause 20 & 21 hereinabove, the parties agree, con-
firm, declare and undertake as under:
a. All parties shall extend necessary coop-
eration and execute all necessary docu- ments specifically detailed hereinabove and/or otherwise within 30 days from fil- ing these consent terms as may be re- quired for effecting the transfer, dele- tion of name of Respondent No. 12 from licenses and registration and for per- fecting right, title and/or interest of the beneficiary party in the assets/prop- erties/ business/ licenses as mentioned in Clause 20 & 21 hereinabove. The par- ties except the respective beneficiary party under Clause 20 & 21 shall execute 20 a Power of Attorney in favor of Mr. Mohan Gurnani for the purpose of admitting exe- cution of documents, registration thereof and for facilitating the transfer of assets/ properties/ business/ licenses and completing related formalities before statutory and other authorities including but not limited to the Registrar of As- surances, Excise Department, MVAT Depart- ment, etc. for the purpose of transfer, deletion of name of Respondent No. 12 from license and registration, which shall also be completed within 30 days from the filing of these consent terms.
b. The transfer of the properties as men-
tioned in Clause 20 & 21 hereinabove shall happen simultaneously and the con- sideration of Rs 3 crores payable to the Respondent No. 3 & 8 by the Petitioner shall be adjusted and set off against the aggregate consideration of Rs 3 crores payable to the Petitioner by the Respon- dent No. 8 as detailed in Clause 20 here-inabove. The Petitioner, Respondent No. 3
& 8 & 12 shall thus each respectively be treated as having relinquished their re- spective right, title and/or interest in each of the properties and/or licenses and/or assets as detailed in Clause 20 & 21 hereinabove in favor of the benefi-
ciary party.
c. It is agreed, confirmed and declared and undertaken by and between the parties that the Respondent No. 5 to 7, 9 to 11, shall not now and/or at any time in the future claim any, right, title and/or in- terest and/or consideration against any of the properties and/or licenses and/or assets as being transferred under Clause 20 & 21 hereinabove.
d. It is also agreed, confirmed, declared and undertaken by and between the parties that the Petitioner, Respondent No. 3, 8 & 12 who are the beneficiary parties in respect of one or the other of the prop- erties and/or licenses and/or assets as detailed in Clause 20 & 21 hereinabove, shall not now and and/or at any time in 21 the future claim any separate and/or ad- ditional right, title, interest and/or consideration in respect of properties and/or licenses and/or assets as detailed in Clause 20 & 21 hereinabove after re- ceiving the specific consideration as payable to them under Clause 20 & 21, as detailed therein.
23. The parties agree, confirm, declare and under-
take that Late Shri Jamnadas Pahilajrai Giyanani, the Petitioner and the Respondent No. 3 were the co-parceners of Jamnadas Pahi- lajrai Giyanani HUF (hereinafter referred to as the said HUF). The parties agree, confirm, declare, accept and undertake as under:
a) The parties shall partition the said HUF and execute a partition deed (without any contradiction whatsoever to the clauses under these consent terms) fully parti-
tioning the said HUF properties IN THE AGREED RATIO MENTIONED IN CLAUSE (E) HEREIN and execute all necessary docu- ments to give effect to the partition of the said HUF within a period of 60 days from the date of filing of these consent terms.
b) The Petitioner and the Respondent No. 3shall jointly take all necessary steps to give effect to the partition and the Re- spondent No. 5 to 12 shall extend their full co-operation as may be required to the Petitioner and Respondent No. 3 for this purpose.
c) All the loans receivable by the said HUF from any of the parties hereto shall be returned and all the loans payable by the said HUF to any of the parties hereto shall be repaid to each of the respective parties before the partition of the said HUF. In the event the loans cannot be re- turned by any of the parties to the said HUF then the amount thereof shall be de- ducted from the respective share of the party by whom such loan is repayable to the said HUF.
22d) The distribution of the movable and im-
movable assets of the said HUF as con- tained in the last Balance Sheet filed by JPG for the Financial Year 2007-2008 which are more particularly described/de- tailed in Schedule – VI hereto shall be in variance to the bequeathal thereof made by JPG under the said will.
e) The Petitioner and the Respondent No. 3are entitled to 1/3rd share each in the assets of the said HUF whereas the re- maining 1/3rd share of JPG in the said HUF shall be distributed equally viz. 1/5th share each amongst the Respondent No. 5 to 7, who will each take 1/5th share, Respondent No. 8 to 10 who shall collectively be entitled to the 1/5th share of JPG in the said HUF and the Re- spondent No. 11 & 12 who shall collec- tively be entitled to the 1/5th share of JPG in the said HUF (hereinafter referred to as the ‘agreed ratio’).
f) The movable assets of the said HUF as contained in Schedule – VI annexed hereto shall be liquidated before the execution of the partition deed and the amounts re- alized there from shall be distributed between the Petitioner and Respondent No. 3, 5 to 12 in the agreed ratio at the time of execution of the partition deed for the said HUF.
g) The 25% share of the said HUF in the li-
cense, premises and business of Maikhana Wine Mart shall be taken over by the Re- spondent No. 3 on the payment of a con- sideration after deducting his individual share, of Rs 62,50,000/- (Rupees Sixty Two Lakhs Fifty Thousand only) , to the Petitioner and Respondent No. 5 to 12 in the agreed ratio. The Petitioner, Respon- dent No. 5 to 12 each hereby grant their no objection and consent to the said transfer of 25% share on receipt of con- sideration. Further, except for the Re- spondent No. 3 & 8 to 10, none of the other parties hereto shall now and/or any time in the future claim any right, ti- tle, interest and/or share in the good-
23will and/or the intellectual property and/or any other intangible assets of the business of Maikhana Wine Mart.
h) The said HUF is the owner of 6 plots viz.
Nasik Sinnar Plot No: 9, 17, 22, 23, 24 and 42 GAT NO. 75/1/A & PLOT NO. 76, CHINCHOLI VILLAGE, SINNAR TALUKA, NASHIK DIST., ADMEASURING 2568.78 SQ METERS in aggregate. The Petitioner, in lieu of his 1/3rd share in the aforesaid land of the said HUF, shall acquire in his name and/or in name of his Nominee(s) three plots viz. Plot No. 9, 17 & 22 aggregat- ing 1250.03 sq meters in area subject to the payment of a consideration, after deducting his individual share, of Rs, 17,28,503/- (Rupees Seventeen Lakhs Twenty Eight Thousand Five Hundred and Three Only) for Plot No.9 admeasuring 471.41 sq mtrs, Rs 13,75,000/- (Rupees Thirteen Lakhs Seventy Five Thousand Only) for Plot No. 17 admeasuring 403.62 sq mtrs and Rs 14,79,940/- (Rupees Four- teen Lakhs Seventy Nine Thousand Nine Hundred Forty Only) for Plot No. 22 ad- measuring 375 sq mtrs, to the Respondent No. 3 and 5 to 12 at the rate of Rs 5500 per sq. meter in the agreed ratio. Simi- larly, the Respondent No. 3 in lieu of his 1/3rd share in the aforesaid land of the said HUF shall acquire in his name and/or in the name of his Nominee(s), three plots viz. Plot No. 23. 24 & 42 ag- gregating 1318.75 sq meters in area sub- ject to the payment of a consideration after deducting his individual share, of Rs.13,75,000/- (Rupees Thirteen Lakhs Seventy Five Thousand Only) each for Plot No. 23, and 24 admeasuring 375 sq mtrs respectively and Rs 20,85,417/- (Rupees Twenty Lakhs Eight five thousand Four hundred Seventeen Only)for Plot No. 42 admeasuring 568.75 sq mtrs at the rate of Rs 5500 per sq meter, to the Petitioner and Respondent No. 5 to 12 in the agreed ratio. It is agreed by and between the parties that on receipt of the aforesaid consideration by the Petitioner and/or Respondent No. 3, 5 to 12, as the case may be, each of the respective other par-
24ties who are not receiving the properties shall relinquish/release their respective right, title and/or interest in the plots, shall give their no objection and consent to the said transfers and shall execute all necessary documents to give effect to the aforesaid understanding.
i) The Deolali Bungalow plot viz. plot No. 1, Survey No. 72/A/1/2, Deolali Camp, Village Sansari, Dist: Nashik, 422101., admeasuring approximately 316.66 sq mtrs standing in the name of Late JPG and re- flected in the balance sheet of the said HUF shall be transferred and allotted to the Petitioner and/or his Nominee(s) for a consideration after deducting his indi- vidual share of Rs 52,00,000/- (Rupees Fifty Two Lakhs only) payable to the Re- spondent No. 3 & 5 to 12 in the agreed ratio within 60 days from filing these consent terms and immediately before transfer of this property in the name of the Petitioner.
j) It is agreed by and between the parties that on receipt of the aforesaid consid- eration by the said HUF and/or by any of the Petitioner, Respondent No. 3, 5 to 10 as agreed under Clause g, h, i herein- above, each of the respective other par- ties(who shall not be getting the respec- tive asset) shall relinquish/release their respective right title and/or in- terest in the respective assets detailed in clause g,h,i hereinabove, shall give their no objection and consent to the said transfers and shall execute all nec- essary documents to give effect to the aforesaid understanding within a period of 60 days from the receipt of the re- spective consideration.
k) Further, if any movable and/or immovable asset is received as part of said HUF, the same shall be liquidated within a pe- riod of 60 days of receipt and the pro- ceeds thereof shall be divided in the agreed ratio as stated in clause (e) herein above.
2524. The parties agree, confirm, declare, acknowl-
edge, accept and recognize as correct and binding, the nomination/assignment made by JPG of his LIC policies in favor of his legal heirs as has also been recorded under the said will. The parties further agree, acknowledge and accept that the amount of 4 lacs received by the Petitioner in his capacity as benefi- ciary from LIC of India against death claims in respect of JPG’s policies at the time of his demise was distributed by the Petitioner in the form of LIC policies of Rs 1 lac each favoring himself and the Respondent No. 5 to 7 and the parties agree, confirm, declare, ac- knowledge and accept such distribution. The parties further agree, confirm, declare, ac- knowledge and accept that all other monies re- ceived by any other nominee/assignee/ benefi- ciary under any other LIC policies of JPG shall be treated as the respective nominee/ assignee/beneficiaries money and he/she shall absolutely entitled to the same to the exclu- sion of all other legal heirs of JPG.
25. The Respondent No. 8 has transferred the fol-
lowing properties in favor of the Respondent No. 11 for valuable consideration :
a) Stall No. 11 admeasuring 4.552 sq. mts., situated atPadam Prabhu CHS, LBS Marg, Ghatkopar (W), M-400086
b) Gala No. 113, admeasuring ap-
proximately 415 sq. ft. on the 3rd floor, in the building Kakad Udyog Bhavan Co-operative Soci- ety Ltd. situated at Off Lady Jamshedji Road, Mahim bearing C.S. No. 1/635, Mahim Division, Mumbai 400016
c) Gala No. 121, admeasuring ap-
proximately 171 sq. ft. on the 3rd Floor in the building Kakad Udyog Bhavan Co-operative Soci- ety Ltd. situated at Off Lady Jamshedji Road, Mahim bearing C.S. No. 1/635, Mahim Division, Mumbai 400016 26 The parties agree, confirm, declare, acknowl- edge, accept and recognize that except for the Petitioner, Respondent No. 11 & 12 the other parties shall not now and/or at any time in the future claim any right, title, interest, share and/or consideration in the aforesaid properties. The transfer of the aforesaid properties requires to be perfected by way of formalities involving the society and other third parties and the Respondent No. 3 & 8 agree, confirm, declare and undertake to ex- tend all necessary co-operation and execute all necessary documents within 30 days from the filing of these consent terms for the pur- pose of perfecting the right, title and/or in- terest of the Respondent No. 11 in the afore- said properties.
26. The Respondent No. 5 & 7 jointly hold Bank Ac-
count No. 22610004421 with Standard Chartered Bank, Ghatkopar (E) Branch, Mumbai. It is agreed, confirmed and declared that the Re- spondent No. 5 shall execute all necessary documents granting her No Objection for the deletion of her name as Second Holder in re- spect of this account within 30 days from the filing of these Consent Terms. It is further agreed, confirmed, declared and undertaken that the Respondent No. 5 shall not now and/or at any time in the future claim any right, ti- tle and/or interest in respect of any amounts receivable/available in this account nor shall be held liable in respect of any past transactions undertaken vide operation of this account.
27. The parties hereby agree, confirm, declare and undertake that any movable and/or immovable property forming part of the personal estate of JPG which is not specifically covered/recorded under these consent terms and/or that is discovered after filing of these consent terms and is available to the parties hereto, shall be liquidated and di- vided equally amongst the Petitioner and Re- spondent No. 3. The parties further hereby agree, confirm, declare and undertake that any movable and/or immovable property forming part of the estate of Late Mrs. Laxmi Giyanani and/or JPG HUF which is not specifically cov- ered/recorded under these consent terms and/or 27 that is discovered after filing of these con- sent terms and is available to the parties hereto, shall be liquidated within 60 days of discovery/receipt and divided as per the agreed ratio in clause 23(e) herein above stated. The beneficiary parties agree and un- dertake to proportionately bear their own costs to give effect to the agreed division as aforesaid.
28. The beneficiary parties agree and undertake to proportionately bear their own costs to give effect to the agreed division.
29. The parties agree, confirm, declare, under-
take, acknowledge, consent and admit that as per the bequeathal made under the said Will the 60% share of JPG in the partnership firm carrying on business in the name and style of M/s Piroomal Giyamal” also spelt as M/s Piru- mal Giyamal was lawfully distributed between the Petitioner and Respondent No. 3 by execut- ing a new Partnership deed dated 21st July 2009 where under the Petitioner and the Re- spondent No. 3 each now hold 30% share in the partnership business as per the residuary clause of the Will. The Respondent No. 5 to 12 agree, confirm, declare and undertake that they shall not claim any right, title or in- terest now or ever in all the properties dis- tributed or bought from the partnership firm, Piroomal Giyamal and standing in the individ- ual names of the Petitioner or Respondent No. 3 or sold by the Petitioner and/or Respondent No. 3 after acquiring these properties in 2011These properties include, APMC Godown B-58, APMC Godown E-61, Shop No. 6, Pedhi No 6, Masjid Bunder, Godown at Bardan Gully or Deolali Sugar Merchants Bungalow. It is how-
ever clarified that the Respondent No. 8 to 10shall be entitled to claim right, title and/or interest of the Respondent No. 3 in future, in their capacity as heirs and similarly the Re- spondent No. 11 & 12 shall be entitled to claim, right, title and/or interest of the Pe- titioner in future, in their capacity as heirs and family members of the Respondent No. 3 & the Petitioner respectively. All the parties agree, confirm and undertake to relinquish their entire right, title and/or interest in Allahabad Bank, Ghatkopar (E) Branch, Account 28 No. ______(TO BE ENTERED BY PARTIES LATER) in favor of M/s Piroomal Giyamal, partnership firm on the filing of these consent terms.
30. In furtherance to Clause 29, the Respondent No. 3 hereby agrees, confirms, declares and undertakes to extend all necessary cooperation and execute all necessary documents within 30 days from filing of the consent terms for the purpose of perfecting the right, title and/or interest of the Petitioner in the following properties already transferred for valuable consideration :
a. Shop No. 6 & Pedhi No 6, admeasuring 224sq ft and 200 sq ft respectively situated at JB Shah Market, Masjid Bunder, Mumbai – 400009 b. Godown No. 1 & 2, admeasuring approxi-
mately 900 sq ft situated at 18 Old Bar- dan Gully, Masjid Bunder, Mumbai – 400009.
It is further agreed, confirmed and declared that the Respondent No. 3 shall also execute a Power of Attorney in favor of Mr. Mohan Gurnani for the purpose of admitting execution of documents and completing related formalities before the Registrar of Assurances and other authorities for the purpose of perfecting the right, title and/or interest of the Petitioner in the aforesaid properties.
31. The parties hereby agree, confirm, declare, acknowledge and accept that all the parties except the Respondent No. 8 & 11 are members of Pahilajrai Khimandas HUF and shall be enti- tled to their respective share, right, title and/or interest therein as and when deter- mined.
32. The parties agree, confirm, declare and under-
take that these consent terms set out the un- derstanding arrived at between the parties as regards resolution of disputes and distribu- tion of assets forming part of the entire es- tate of JPG and personal assets owned by any of the parties and do not by themselves create any right, title, interest transfer and/or amount to transfer of any asset forming part 29 of the entire estate of JPG and/or the said HUF. The same will be effected by executing specific transfer documents vis-a-vis by the parties as set out in these consent terms.
33. It is agreed and undertaken by and between the parties that no separate and/or additional consideration shall be payable by any of the party/parties to the other parties to give ef- fect to their understanding under these con- sent terms, save and except the consideration as is specifically mentioned under these con- sent terms and schedules annexed hereto in re- spect of distribution of certain assets and/or for transfer and/or distribution of assets of JPG, JPG HUF as also personal assets of the parties as detailed in these consent terms.
34. The parties hereby irrevocably agree, confirm, declare and undertake that save and except where any specific time period for compliance of their respective obligations as agreed un- der these consent terms has been specified, the parties shall without demur execute, pay necessary stamp duty and register all neces- sary documents as may be advised by their re- spective Advocates to give effect to this un- derstanding and distribution of assets as con- templated under these consent terms, as also to ensure perfection of right, title and/or interest to the properties/assets in favor of the beneficiary party to whom a particular as- set is allotted within a period of 60 days from the date of filing of these consent terms. The parties shall also exchange amongst themselves the drafts prepared by each of their respective Advocates for the purpose of approval/comments of the other parties which shall be in consonance and not in any manner whatsoever be contradictory to the clauses of these consent terms. It is further agreed be- tween the parties that the drafts of documents shall be shared with Wadia Ghandy & Co., Advo- cates, Solicitors, Notary for the purpose of vetting and/or general advise and the decision of Wadia Ghandy & Co. on the type of document, contents of documents, and/or otherwise shall be final and binding on the parties.
35. The parties irrevocably agree, confirm, de-
clare and undertake that all expenses (includ-
30ing expenses for execution of any documents), costs, charges, losses, liabilities, fees, stamp duty, taxes, fines, penalties and/or du- ties that may arise directly or indirectly on account of partition and/or transfer/distribu- tion of assets as contemplated and set out un- der these consent terms including all documen- tation to be executed and registered for the purpose of giving effect to the understanding arrived at between the parties under these consent terms shall be borne by the benefi- ciary party in whose favor the assets shall be transferred in terms of these consent terms, without demur.
36. The parties hereby agree, confirm, declare and undertake that the understanding arrived at amongst the parties as regards resolution of disputes and distribution of assets as more particularly detailed and agreed under these consent terms shall be binding on each of the parties and their respective heirs, executors, administrators, assigns. The parties agree, confirm, declare and undertake that neither party nor any of their heirs, executors, ad- ministrators, assigns shall challenge and/or raise any dispute, claim and/or objection of any nature whatsoever as regards the distribu- tion of assets forming part of the personal estate of JPG and/or that of Jamnadas Pahila- jrai HUF, Pahilajrai Khimandas HUF and/or any personal assets of parties and/or otherwise as contemplated and set out under these consent terms, either now and/or in the future.
37. Each of the parties hereby individually agree, confirm, declare and undertake to absolutely indemnify (“the Indemnifying Party”) each of the other parties (“the Indemnified Parties”) and/or the respective heirs, executors, admin- istrators, assigns of the Indemnified Parties against any claim, challenge, dispute, and/or objection of any nature whatsoever made/raised by any of the respective parties, his or her legal heirs, executors, administrators, as- signs of such Indemnifying Party in respect of the understanding/agreement and/or any of the assets forming part of the personal estate of JPG and/or that of Jamnadas Pahilajrai HUF, Pahilajrai Khimandas HUF and/or otherwise as contemplated and set out under these consent 31 terms. The indemnity given by each of the par- ties as detailed hereinabove shall be continu- ous in nature.
38. It is agreed by and between the parties that the accounts of the estate of JPG and JPG HUF shall be maintained by an independent char- tered accountant to be appointed immediately after filing of these consent terms by Mr. Mo- han Gurnani who shall file all the past Income Tax and/or Wealth tax returns of JPG and JPG HUF. The parties hereby authorize the Peti- tioner and Respondent No. 3 to approve, sign and file the aforesaid returns. The indepen- dent chartered accountant shall share all the accounts prepared and filed with all the par- ties hereto after filing the returns. The Pe- titioner and the Respondent No. 3 shall be jointly responsible to ensure that the returns are filed on time. The parties agree and un- dertake that any penalty, additional tax bur- den and/or any other expenses that may be in- curred in relation to filing of Income Tax Re- turns of JPG shall be borne by the Petitioner and Respondent No. 3 personally whereas the same in relation to JPG HUF, shall be borne from the HUF account.
39. It is agreed confirmed, declared and under-
taken by and between the parties that the Pe- titioner and the Respondent No. 3 are autho- rized to jointly operate all the bank accounts standing in the name of JPG, JPG HUF & Late Mrs. Laxmi Jamnadas Giyanani as also safe de- posit Locker no 501 located at Standard Char- tered Bank, Ghatkopar (East) Branch standing in the name of Late Mrs. Laxmi Jamnadas Giyanani until final distribution of assets and partition of JPG HUF. The Petitioner and Respondent No. 3 shall be fully liable/ac- countable to all the parties to these consent terms in respect of all the documents signed or executed. The parties hereby authorize the Petitioner and Respondent No. 3 to jointly act as managers and look after the affairs of JPG (HUF) till the final distribution of assets and partition of the JPG HUF. The Petitioner and Respondent No. 3 shall be fully liable/ac- countable to all the legal heirs of JPG and members/co-parceners of JPG HUF in respect of all the documents signed/executed, amounts ly-
32ing in bank accounts of JPG and JPG HUF and acts undertaken by them in their capacity as joint managers of JPG HUF.
40. All parties hereby confirm, declare and under-
take that save and except as set out in these consent terms, none of the parties have any right, title and/or interest in respect of any other assets either personal or otherwise of any of the disputing parties to these consent terms viz. the brothers and sisters and their wives and children. It is further agreed, confirmed, declared and undertaken by the par- ties before this Hon'ble Court that they shall not claim any right, title or interest of any nature whatsoever, in the personal and/or any other assets of any disputing party hereto as are not expressly set out or covered under these consent terms.
41. The parties hereto and their Advocates in all legal proceedings, forthwith withdraw all claims, contentions,allegations, accusations, insinuations made against each other in all notices, complaints, legal proceedings and/or otherwise and agree and undertake to this Hon’ble Court that they shall not issue any fresh notices, file any fresh complaints and shall not initiate any fresh legal proceed- ings, civil and/or criminal, against each other and/or against each other’s kith or kin and/or against Advocates of any of the par- ties and/or any police officers, excise offi- cers, MVAT officers, Income Tax officers, gov- ernment servants, in any dispute involving/ concerning the parties hereto, estate of JPG and/or the personal assets of the parties hereto, except to give effect to their under- standing under these consent terms, unless any party commits a breach of their respective obligations under these consent terms.
42. All the parties hereto and their Advocates in all legal proceedings, hereby agree, undertake and confirm that immediately upon filing of the consent terms all notices, complaints whether civil or criminal, whether written or oral made by any of the parties hereto and/or their Advocates, against any other party hereto and/or against their kith and kin and/or against their Advocates and/or against 33 police officers, MVAT officers, Income Tax of- ficers, Excise officers, government servants in any dispute involving/ concerning the par- ties hereto and/or the estate of JPG and/or the personal assets of the parties hereto, to any police station, especially the Azad Maidan Police Station, Ghatkopar Police Sta- tion, MRA Marg Police Station, Pant Nagar Po- lice Station, Byculla Police Station, Vinoba Bhave Nagar Police Station, Colaba Police Sta- tion, MVAT authority, Excise Department, Bar Council of India (which are already known to have been made by the parties), any statutory authority and/or any other third party shall be treated as quashed, disposed off and/or set aside in view of the settlement arrived at be- tween the parties hereto. It is further agreed and undertaken that in particular the follow- ing complaints, FIR’s, legal proceedings filed by the parties against each other and/or filed at the behest of any of the parties hereto in- volving/concerning other third parties shall stand quashed and/or disposed off forthwith on the filing of these consent terms, by virtue of the settlement arrived at between the par- ties :
Sr. FIR Filed By UNDER SECTION NAME OF COURT No. NO. POLICE STATION
1. 311 Petitioner 406, 420, 465, Pant Na- 73rd Court OF 467, 468, 471 gar Po- at 2013 of Indian Pe- lice Sta- Vikhroli nal Code, 1860 tion
2. 452 Respondent 406,420,465,46 Pant Na- 73rd Court of No. 3 7,468, 471 gar Po- Vikhroli 2014 lice sta-
tion
3. 53 of Petitioner 406, 420, 465, Vinoba Kurla 2015 467, 468, 471, Bhave Po- Court 34 of Indian lice Sta-
Penal Code, tion 1860 4. MECR Respondent 403,406,420,46 Pant Na- 73rd Court NO 3 No. 3 7,468,471 r/w gar Po- Vikhroli of 120(b),109,114 lice Sta- 2015 & 34 of Indian tion Penal Code, 1860 5. 143 Sales Tax 406, 420, 465, Byculla of Authorities 467, 468, 471, Police 2015 34 of Indian Station Penal Code, 34 1860
43. It is agreed, confirmed and declared by and between the parties that the Testamentary Suit No. 61 of 2012, Administrative Suit No. 7 of 2013, pending before the Hon’ble Bombay High Court, Civil Suit No. 2433 of 2012 pending be-
fore the Hon’ble City Civil Court at Greater Bombay and Case No. ABN/III/12 of 2013 pending before the Co-operative Court at Bombay with all Applications, Motions, Chamber Summons etc. and/or proceedings, pending therein and/or any other legal proceedings initiated in pursuance thereof filed by either party shall stand disposed off by virtue of the set- tlement arrived at between the parties, upon filing of the present consent terms.
44. All the parties further agree, confirm, declare and undertake that immediately upon filing of these consent terms, the following proceedings initiated/filed by the parties with all Applications, Motions, Chamber Sum- mons etc. and/or proceedings, pending therein and/or any other legal proceedings initiated in pursuance thereof filed by either party shall also stand and be treated as quashed/disposed off:
Sr. CASE NO. NAME OF THE CASE
No.
ORIGINAL SIDE COMPLAINTS
1. APPL/646/2015 DILIP GIYANANI VS JAYKUMAR
GIYANANI
2. WP/2129/2015 Dilip Giyanani v. Shyam Sunder
Shinde and 4 Ors.
3. WP/1277/2015 Dilip Giyanani v. The State of Ma-
harashtra and 8 ors.
4. WP/1869/2015 Dilip Giyanani v. The Reserve Bank
of India and Ors.
5. WP/7486/2015 JAYKUMAR GIYANANI VS THE STATE OF
MAHARASHTRA
CRIMINAL SIDE PETITIONS
6. Apln/115/2015 Dilip Giyanani v. The State of Ma-
harashtra and Ors.
7. ABA/307/2015 Jaykumar Giyanani v. State of Ma-
harashtra and Ors.
8. Appp/446/2015 in Dilip Giyanani v. The State of Ma-
ABA/307/2015 harashtra and Ors.
9. Appp/196/2015 in Dilip Giyanani v. The State of Ma-
35
ABA/307/2015 harashtra and Ors.
10. ABA/531/2015 Jaykumar Giyanani v. State of Ma-
harashtra and Ors.
11. Appp/445/2015 in Dilip Giyanani v. The State of Ma-
ABA/531/2015 harashtra and Ors.
12. APP/400/2015 in Dilip Giyanani (Intervener) v. The ABA/531/2015 State of Maharashtra and Ors.
13. WP/1567/2015 Dilip Giyanani v/ Shyam Sunder Shinde and ors.
14. WP/1865/2015 Dilip Giyanani v. The State of Ma-
harashtra and Ors.
15. WP/4740/2014 Dilip Giyanani v. The State of Ma-
harashtra and Ors.
16. Appw/211/2015 in Dilip Giyanani v. The State of Ma-
WP/4740/2014 harashtra and Ors.
17. WP/1766/2015 Dilip Giyanani v. The State of Ma-
harashtra and Ors.
18. WP/2060/2015 Dilip Giyanani v. Rakesh Maria and Ors.
19. APL/629/2015 Dilip Giyanani v. The State of Ma-
harashtra and Anr.
20. WP/1424/2015 Dilip Giyanani v. The 73rd Metro-
politan Magistrate and 7 Ors.
21. WP/929/2015 Dilip Giyanani v. The State of Ma-
harashtra and Ors.
22. WP/509/2015 Dilip Giyanani v. Suryakant Jag-
dale and Others
23. Appw/25/2015 in Dilip Giyanani (Intervener) v. The WP/4629/2015 State of Maharashtra & ors.
24. APPLNST/446/2015 Dilip Giyanani v. The State of Ma-
harashtra and Ors.
25. WP/1939/2015 Jaykumar Giyanani v. State of Ma-
harashtra and Ors.
26. WP/45/2015 Jaykumar Giyanani v. State of Ma-
harashtra and Ors.
27. APPW/265/2015 Jaykumar Giyanani v. State of Ma-
harashtra and Ors.
CIVIL SIDE PETITIONS
28. CP/327/2015 Dilip Giyanani v. Jaykumar Giyanani & Ors.
OTHER CASES
29. WP/4128/2014 Jaykumar Giyanani v. State of Ma-
harashtra
30. WP/4629/2014 Jaykumar Giyanani v. State of Ma-
harashtra
31. WPL/2443/2015 Dilip v. The Office of the State Excise Minister
32. Appeal/182/2015 Dilip Giyanani V Commissioner of State Excise
33. ABA/1374/2015 Dilip Giyanani & 2 Ors. V. State of Maharashtra & Jay Kumar Giyanani & Ors.
34. DC NO. 300 of Jaykumar Giyanani V. Mr. Charan-
2014 jeet Chanderpal
36
35. DC No. ___ of Dilip Giyanani V. Mr. Mahesh
2014 (TO BE EN- Vaswani & Ors.
TERED )
45. It is further agreed, confirmed and declared by and between the parties that all Appeals, Revisions, Writ Petitions, Reviews and/or any legal proceeding initiated/filed by any party in pursuance of any of the proceedings as de- tailed in Clause 42 to 44 hereinabove and/or in pursuance of any notice, FIR, complaint or legal proceeding, whether civil or criminal, against any other party hereto, against their kith or kin and/or and/or against their Advo- cates, shall stand disposed off immediately upon filing these consent terms. The parties agree and undertake to place a copy of the Consent Terms alongwith Order passed thereon by this Hon’ble Court before the respective courts and/or statutory authorities before which the aforesaid proceedings are pending for the purpose of effective quashing/dis- posal thereof.
46. All the parties agree, confirm, declare and undertake that except for the complaints and proceedings as set out in Clause 42 to 44 hereinabove none of the parties have filed any other complaints/proceedings against any of the other parties and/or their Advocates. In any event, with a view to safeguard all the parties it is agreed, confirmed, declared and undertaken that all criminal complaints, civil complaints, private complaints, First Information Reports (FIR), complaints filed with government entities, statutory authori- ties, Civil and Criminal proceedings initi- ated in various courts till date within India and outside India by any of the parties against each other, and/or their advocates, shall be immediately upon filing of the con- sent terms stand as quashed and/or disposed off. It is further agreed that if in future it comes to the knowledge of any of the par- ties that apart from the proceedings men- tioned/detailed in these consent terms, any other proceedings had been initiated by ei- ther of the parties prior to filing of con- sent terms, the same shall also stand and/or be treated as quashed and/or disposed off 37 and the party who has filed any such proceed- ing shall extend all due cooperation, execute necessary documents and remain personally present at all times for the purpose of quashing and/or disposing off the same as may be required.
47. It is agreed, confirmed, declared and under-
taken by and between the parties that any proceeding initiated against any of the party/parties hereto by a statutory author- ity, or court, and/or otherwise on a com- plaint, notice and/or at the behest of any of the other party/parties hereto, with all Ap- plications, Appeals, Revisions, Writ Peti- tions, Reviews and/or any legal proceeding initiated/filed by any party in pursuance of any of the proceedings, shall also stand quashed, set aside and/or disposed off, forthwith on the filing of these consent terms.
48. The parties shall ensure that all courts, po-
lice authorities, statutory authorities in- cluding MVAT, Excise, Income Tax, government bodies, entities and/or otherwise shall take cognizance of the settlement arrived under these consent terms and pass all necessary orders to give effect to the understanding arrived at between the parties under the con- sent terms and dispose off the aforesaid pending legal proceedings as though the set- tlement is an Order/Direction passed by this Hon’ble Court.
49. It is further agreed by and between the par-
ties that in the event of nonfulfillment and/or breach/violation of any obligation un- der these consent terms by any of the parties herein, the non defaulting party shall be en- titled to apply for Contempt of Court and other appropriate reliefs from this Honb’le Court. It is also agreed, confirmed and de- clared by and between the parties that with- out prejudice to the rights of the aggrieved party to initiate contempt proceedings the defaulting party/parties shall severally be liable to pay an aggregate amount of Rs 50 lacs as damages jointly and in equal propor- tion to the other parties without any demur 38 whatsoever within a period of 60 days from such default/violation and/or breach.
50. It is further agreed, confirmed, declared and acknowledged by and between the parties that the Petitioner, Respondent No. 3, 5 to 12 have each on their own volition and without any coercion and/or undue influence whatso- ever executed valid and subsisting Irrevoca- ble Special Power of Attorney dated ________ (TO BE ENTERED BY PARTIES LATER) in favor of Mr. Mohan Gurnani authorizing him to register the documents as are being executed by each of the Petitioner, Respondent No. 3, 5 to 12 to give effect to their understanding under the consent terms on each of their behalf . It is hereby agreed, confirmed and declared that the Irrevocable Special Power of Attor- ney executed by the Petitioner, Respondent No. 3, 5 to 12 for this purpose have been handed over to Mr. Mohan Gurnani who shall register the property documents executed by the parties on their behalf after being sat- isfied that the parties have complied with each of their respective obligations under these consent terms.
51. It is further agreed by and between the par-
ties that neither party shall now and/or at any time in the future challenge the exis- tence, validity and binding effect of the Ir- revocable Special Power of Attorney dated _________(TO BE ENTERED BY PARTIES LATER)and/or revoke the same and/or issue public notice revoking the same either on the grounds of fraud, misrepresentation, coercion and/or otherwise.
52. The parties hereby agree, undertake and de-
clare that time shall be of the essence for the purpose of giving effect to all under- standings and agreements as contemplated un- der these consent terms.
53. The parties agree, confirm and declare that these Consent Terms have been agreed and signed out of the free will of all parties, without any coercion and the parties agree and undertake to abide by clauses of these consent terms in good faith.
3954. The parties jointly pray that this Hon’ble Court be pleased to accept and take on record the statements, declarations and/ or undertakings incorporated herein and pass a Consent Decree. .
55. The parties hereby agree to bear their own costs.
56. PARTIES TO ACT UPON AUTHENTICATED COPY OF THIS CONSENT MINUTES OF ORDER. Issuance of certified copy of Minutes of order be expe- dited.
XXXXXXXXXXXXXXXXXXXXXXXXXX SCHEDULE - I DISTRIBUTION OF SHARES, DEBENTURES OF LATE JAMNADAS PAHILAJRAI GIYANANI AS ALSO MENTIONED IN JPG’S BALANCE SHEET ON 6TH JUNE 2008 inclusive of rights, bonus, splits and or additions 28th August, 2015 Sl. UNIT/ FOLIO JAMNADAS SHARES QTY No. NO. / INE NO.
DEMAT ACCT NO. 20392094 IN STANCHART BANK JPG ALONE
1. INE116A01024 Equity Shares of Apcotex Industries Ltd., 26 of face value of Rs.5/-
2. INE208A01029 Equity Shares of Ashok Leyland Ltd. of the 17600 value of Re.1/- each
3. INE021A01026 Equity Shares of Asian Paints Ltd. of the 3640 value of Rs.1/-each
4. INE449A01011 Equity Shares of Automotive Axles Ltd. of 126 face value of Rs.10/- each 5 INE917I01010 Equity Shares of Bajaj Auto Ltd., of face 3200 value of Rs. 10/- each
6. INE918I01018 Equity Shares of Bajaj Finserv Ltd., of 1600 face value of Rs. 5/-
7. INE118A01012 Equity Shares of Bajaj Holdings & 2400 Investments Ltd., of face value of Rs.10/- each
8. INE184A01014 Equity Shares of Cadbury India Ltd. of face 114 value of Rs.10/- each . The shares have been brought back by the company and the cheque amount for the same shall be transferred.
9. INE259A01022 Equity Shares of Colgate Palmolive (India) 4542 Ltd.,the face of Re.1/- each
10. INE235A01022 Equity Shares of Finolex Cables Ltd., of 3600 face value of Rs.2/- each 11 INE291A01017 Equity Shares of Garware Polyester Ltd. of 120 face value of Rs,10/- each 12 INE047A01013 Equity Shares of Grasim Industries Ltd., of 108 40 face value of Rs.10/- each
13. INE862A01015 Equity Shares of LML Ltd, of face value of 100 Rs. 10/- each
14. INE270B01027 Equity Shares of Mafatlal Industries Ltd.. 12 of face value of Rs.10/- each
15. INE180A01020 Equity Shares of Max India Ltd., of face 30 value of Rs.2/- each
16. INE103A01014 Equity Shares of Mangalore Refineries Ltd., of face value of Rs.10/- each 700
17. INE319A01016 Equity Shares of Philips India Ltd., of 87 face value of Rs.10/-each
18. INE015A01028 Equity Shares of Sun Pharma Ltd. of face 1204 value of Rs.1/-.
19. INE155A01022 Equity Shares of Tata Motors Ltd., CLASS A 780 of face value of Rs. 2/- each
20. INE081A01012 Equity Shares of Tata Steel Ltd., of face 412 value of Rs.10/- each
21. INE481G01011 Equity Shares of Ultra Tech Cement Ltd., of 62 face value of Rs. 10/- each
22. INE712A01012 Equity Shares of Warren Tea Ltd., of face 102 value of Rs.10/- each
23. INE718P01017 Equity Shares of James Warren Tea Ltd. of 102 face of Rs 10 /- each DEMAT AC NO. 20316360 IN STANCHART BANK - JPG & Respondent No. 3
23. INE058A01010 Equity Shares of Sanofi India Ltd. of face 100 value of Rs.10/- each.
24. INE462A01022 Equity Shares of Bayer Cropscience Ltd. of 66 face value of Rs.10/- each
25. INE294A01037 Equity Shares of Ballarpur Industries Ltd., 168 of face value of Rs.2/-
26. INE506A01018 Equity Shares of Dredging Corporation Ltd., 3 of face value of Rs.10/- each
27. INE127A01021 Equity Shares of Essar Steel Ltd. of face 180 value of Rs.10/-
28. INE018A01030 Equity Shares of Larsen and Toubro Ltd., of 2394 face value of Rs.2/- each.
29. INE836H01014 Equity Shares of Mcdowell Holdings Ltd., of 40 face value of Rs.10/- each.
30 INE347G01014 Equity Shares of Petronet LNG Ltd., of face 200 value of Rs.10/- each 31 INE301A01014 Equity Shares of Raymond Textiles Ltd, of 250 face value of Rs.10/- each.
32. INE013A01015 Equity Shares of Reliance Capital Ltd, of 26 face value of Rs.10/0 each.
33. INE330H01018 Equity Shares of Reliance Communications 537 ltd., of face value of Rs.5/- each.
34. INE002A01018 Equity Shares of Reliance Industries 482 Ltd.,of face value of Rs.10/- each.
35. INE036A01016 Equity Shares of Reliance Infrastructure 16 Ltd., of face value of Rs.10/- each
36. INE614G01033 Equity Shares of Reliance Power Ltd. of 134 face value of Rs.10/- each
37. INE391D01019 Equity Shares of TRF LTD. of face value of 148 41 Rs.10/- each.
38. INE481G01011 Equity Shares of Ultratech Cement Ltd, of 316 face value of Rs.10/- each.
39. INE696A01025 Equity Shares of United Breweries Holdings 120 Ltd. of face value of Rs.10/- each.
40. INE686F01025 Equity Shares of United Breweries Ltd. of 400 face value of Rs.1/- each
41. INE854D01016 Equity Shares of United Spirits Ltd. of 200 face value of Rs.10/- each.
DEMAT ACCT NO. 20316353 IN STANCHART BANK - JPG & Petitioner
42. INE230A01023 Equity Shares of EIH Ltd, of face value of 90 Rs.2/- each
43. INE836H01014 Equity Shares of Mcdowell Holdings Ltd. of 80 face value of Rs.10/-
44. INE048G01018 Equity Shares of Navin Fluorine 12 International Ltd. of face value of Rs.10/- each
45. INE182A01018 Equity Shares of Pfizer Ltd. of face value 35 of Rs. 10/- each.
46. INE013A01015 Equity Shares of Reliance Capital Ltd., of 100 face value of Rs.10/- each
47. INE038B01010 Equity Shares of SVC Superchem Ltd., of 300 face value of Rs.10/- each/ PHYSICAL SHARES 4 8 HLL3009931 HINDUSTAN UNILEVER 10620 Any other shares/debentures in demat account of other family members where Jamnadas is the first holder and/or physical form that are not yet accounted for and/or distributed will have to be transferred to Kavita Giyanani SCHEDULE NO. II-A SHARES TO BE TAKEN FROM JAY SHARES OF SEEMA AND DILIP TAKEN BY JAY BETWEEN 2009 -2010.
INE117A01022 ABB LTD 225 TWO HUNDRED TWENTY FIVE ONLY INE069A01017 ADITYA BIRLA 3 THREE ONLY INE878A01011 ALSTROM PROJECTS 175 ONE HUNDRED SEVENTY FIVE ONLY INE438A01022 APOLLO TYRES 25 TWENTY FIVE ONLY INE208A01029 ASHOK LEYLAND 2600 TWO THOUSAND SIX HUNDRED ONLY INE449A01011 AUTOMOTIVE AXLES 12 TWELVE ONLY INE176A01010 BATA INDIA 200 ONE HUNDRED ONLY INE462A01022 BAYER CROPSCIENCE 132 ONE HUNDRED THIRTY TWO ONLY INE083K01017 BENGAL & ASSAM 4 FOUR ONLY INE294A01037 BILT 177 ONE HUNDRED SEVENTY SEVEN ONLY INE340A01012 BIRLA CORP 22 TWENTY TWO ONLY 42 INE959C01015 CAMPHOR & ALLIED 9 NINE ONLY INE055A01016 CENTURY TEXTILES 120 ONE HUNDRED TWENTY ONLY INE016A01026 DABUR 5000 FIVE THOUSAND ONLY INE506A01018 DREDGING CORP 1 ONE ONLY INE230A01023 EIH LTD 588 FIVE HUNDRED EIGHTY EIGHT ONLY INE205B01023 ELECON ENGINEERING 150 ONE HUNDRED FIFTY ONLY INE548C01032 EMAMI LTD 504 FIVE HUNDRED FOUR ONLY INE011A01019 ESSAR OIL 100 ONE HUNDRED ONLY INE127A01021 ESSAR STEEL 90 NINETY ONLY INE513A01014 FAG BEARINGS 25 TWENTY FIVE ONLY INE912A01026 FERRO ALLOYS 250 TWO HUNDRED FIFTY ONLY INE575G01010 FRESNEUS KOBI 500 FIVE HUNDRED ONLY INE159A01016 GLAXO SMITHKLINE 235 TWO HUNDRED THIRTY FIVE ONLY INE113A01013 GNFC 19 INE047A01013 GRASIM 2 INE892H01017 GOL OFFSHORE 112 LIMITED INE580B01029 GRUH FINANCE 860 INE221H01019 GTL INFRASTRUCTURE 25 INE826C01016 GUJRAT APOLLO 175 INE544A01019 HARRISON MALAY 50 INE577L01016 STEL HOLDINGS 50 LIMITED INE236A01020 HCL INFOSYSTEMS 375 INE860A01027 HCL TECHNOLOGY 66 INE545A01016 HEG LTD 200 INE038A01020 HINDALCO 25 INE549A01026 HINDUSTAN CONST 50 INE253A01025 HINDUSTAN MOTOR 50 INE671A01010 HONEYWELL 62 63 AUTOMATION INE039A01010 IFCI 50 INE072A01029 INDIA STEEL WORKS 50 INE562A01011 INDIAN BANK 37 38 INE009A01021 INFOSYS 40 INE786A01032 JK LAKSHMII CEMENT 198 99 INE018A01030 LARSEN & TOUBRO 4620 INE326A01037 LUPIN 600 INE813A01018 MAHINDRA LIFE 62 63 SPACE DEVELOPERS INE836H01014 MCDOWELL HOLDINGS 50 FIFTY ONLY INE199A01012 MERCK LTD 12 TWELVE ONLY INE215A01016 MERIND LTD 25 TWENTY FIVE ONLY INE239A01016 NESTLE 47 FORTY SEVEN ONLY INE310A01015 NILKAMAL LTD 21 TWENTY ONE ONLY INE733E01010 NTPC LTD 25 TWENTY FIVE ONLY INE628H01015 ORBIT CORPORATION 20 TWENTY ONLY INE909B01020 PASUPATI SPINNING 50 FIFTY ONLY INE202A01022 PENTAMEDIA 110 ONE HUNDRED TEN ONLY INE347G01014 PETRONET LNG 100 ONE HUNDRED ONLY INE134E01011 PFC 40 FORTY ONLY 43 INE182A01018 PFIZER 50 FIFTY ONLY INE301A01014 RAYMOND 20 TWENTY ONLY INE013A01015 RELIANCE CAPITAL 80 EIGHTY ONLY INE330H01018 RELIANCE COMM 620 SIX HUNDRED TWENTY ONLY INE002A01018 RELIANCE IND 1242 ONE THOUSAND TWO HUNDRED FORTY TWO ONLY INE036A01016 RELIANCE INFRA 46 FORTY SIX ONLY INE614G01033 RELIANCE POWER 161 ONE HUNDRED SIXTY ONE ONLY INE302D01016 RUTTONSHA 200 TWO HUNDRED ONLY INE706B01012 SAMKRG PISTONS 100 ONE HUNDRED ONLY INF200K01099 SBI MUTUAL FUND 32 THIRTY TWO ONLY INE232A01011 SHREE DIGVIJAY 2800 TWO THOUSAND EIGHT HUNDRED ONLY INE638A01027 SINGER INDIA 7 SEVEN ONLY INE620A01025 SM DYECHEM 1 ONE ONLY INE926A01018 STEEL TUBES 26 TWENTY SIX ONLY INE105A01035 SUNDARAM CLAYTON 41 EIGHTY TWO ONLY INE038B01010 SVC SUPERCHEM 600 SIX HUNDRED ONLY IN9155A01020 TATA MOTORS NPP 175 TWO HUNDRED FIFTY ONLY FV2 DVR INE155A01022 TATA MOTORS FV 2 125 ONE HUNDRED TWENTY FIVE CLASS A ONLY INE081A01012 TATA STEEL 134 ONE HUNDRED ONE ONLY INE773D01018 TRANSGENE BIO 200 TWO HUNDRED ONLY INE256C01024 TRIVENI 25 TWENTY FIVE ONLY ENGINEERING INE152M01016 TRIVENI TURBINE 25 TWENTY FIVE ONLY INE481G01011 ULTRATECH 617 SIX HUNDRED SEVENTEEN ONLY INE696A01025 UNITED BREWERIES 60 SIXTY ONLY HOLDING INE696A01025 UNITED BREWERIES 200 TWO HUNDRED ONLY INE854D01016 UNITED SPIRITS 50 FIFTY ONLY INE951C01012 UNIVERSAL OFFICE 75 SEVENTY FIVE ONLY INE068A01019 USHA INDIA 100 ONE HUNDRED ONLY INE703A01011 VIDEOCON IND 21 TWENTY ONE ONLY INE342J01019 WABCO INDIA 41 FORTY ONE ONLY INE719A01017 ZANDU REALTY 12 TWELVE ONLY SCHEDULE II-B SHARES OF JAMNADAS & JAY TO BE TAKEN BACK FROM DILIP JAY SHARES TO ISIN CODE COMPANY NAME BE TAKEN BACK INE116A01024 APCOTEX INDUSTRIES 0 INE012A01025 ACC LIMITED EQUITY 500 SHARES - ACC LIMITED EQUITY 44 INE069A01017 ADITYA BIRLA NUVO LIMITED 466 EQUITY SHARES - ADITYA BIRLA NUVO-EQ INE096A01010 APPLE FINANCE LIMITED 65 EQUITY SHARES - APPLE FINANCE EQUITY INE266F01018 APTECH LIMITED [FORMERLY 16 APTECH TRAINING LIMITED ]
- APTECH LTD INE208A01029 ASHOK LEYLAND LIMITED- 1500 EQUITY SHARES OF RS 1/-
EACH AFTER SUBDIVISION -
ASHOK LEYLAND-RE.1/-
INE021A01026 ASIAN PAINTS FV 1/- 0INE449A01011 AUTOMOTIVE AXLES FV 10/- 0 INE906A01010 AVERY INDIA LIMITED - 35 EQUITY SHARES - AVERY INDIA LTD EQ BAJAJ AUTO FV 10/- 0 INE917I01010 BAJAJ FINSERV FV 5/- 0 INE918I01018 INE118A01012 BAJAJ HOLDINGS FV 10/- 0 INE294A01037 BALLARPUR INDUSTRIES 0 INE457A01014 BANK OF MAHARASHTRA - 50 EQUITY SHARES - BANK OF MAHARASHTRA INE462A01022 BAYER CROPSCIENCE 0 INE083K01017 BENGAL AND ASSAM COMPANY 4 LIMITED - EQUITY SHARES -
BENGAL AND ASSAM- EQ INE287A01015 BEST AND CROMPTON 150 ENGINEERING LTD EQUITY SHARES - BEST & CROMPTON ENGG INE340A01012 BIRLA CORPORATION LIMITED 23 [FORMERLY BIRLA JUTE & INDS] - BIRLA CORPORATION INE372E01025 BIRLA PRECISION 180 TECHNOLOGIES LIMITED -
NEW EQUITY SHARES OF RS.
2/- AFTER SPLIT - BIRLA PRECISION TECH CADBURY INDIA FV 10/- 0 INE184A01014 COLGATE INDIA FV 1/- 0 INE259A01022 45 INE506A01018 DREDGING CORPORATION OF 2 INDIA LTD EQUITY SHARES -
DREDGING CORPN EQ INE230A01023 EIH LIMITED - NEW EQUITY 384 OR 79 SHARES OF RE. 2/- AFTER SPLIT - EIH LIMITED -EQ RS 2 INE282A01024 ESSAR PORTS LIMITED - NEW 47 EQUITY SHARE OF RS. 10/-
AFTER CAPITAL REDUCTION -
ESSAR PORTS LTD-EQ INE122M01019 ESSAR SHIPPING 23 LIMITED-EQUITY SHARES -
ESSAR SHIPPING LT-EQ INE127A01021 ESSAR STEEL INDIA LIMITED 90
- NEW EQUITY SHARES OF RS.10/- AFTER CAPITAL REDUCTION - ESSAR STEEL IND -NEW INE235A01022 FINOLEX CABLES LIMITED - 0 NEW EQUITY SHARES OF RS.
2/- AFTER SPLIT - FINOLEX CABLE-EQ RS2 INE524A01029 GABRIEL INDIA LIMITED - 650 OR 325 NEW EQUITY SHARES OF RE.1/- AFTER SPLIT -
GABRIEL IND EQ RE.1/ INE291A01017 GARWARE POLYESTER LIMITED 0 EQUITY SHARES - GARWARE POLY LTD EQ INE047A01013 GRASIM INDUSTRIES LIMITED 180 EQUITY SHARES - GRASIM INDUSTRIES INE113A01013 GUJARAT NARMADA VALLEY 138 FERTILIZERS & CHEMICALS LIMITED#EQUITY SHARES -
GUJARAT NARMADA-EQ INE040A01026 HDFC BANK LIMITED - 500 EQUITY SHARES OF RE 2/-
AFTER SUB-DIVISON - HDFC BANK EQ 2/-
INE093A01033 HEXAWARE TECHNOLOGIES 100LIMITED EQ- RS 2/- (AFTER SPLIT) - HEXAWARE TECH RS 2/-
46INE001A01036 HOUSING DEVELOPMENT 500 FINANCE CORPORATION LIMITED-NEW EQUITY SHARES OF RS. 2/- AFTER SUB-DIVISION - HDFC LTD-EQ 2/-
INE177A01018 INGERSOLL-RAND (INDIA) 400 LIMITED EQUITY SHARES -
INGERSOLL-RAND EQ INE718P01017 JAMES WARREN TEA LIMITED# 0 EQUITY SHARES - JAMES WARREN TEA- EQ INE903A01025 JAYKAY ENTERPRISES 122 LIMITED - EQUITY SHARE OF RE 1/- AFTER CAPITAL REDUCTION - JAYKAY ENTER-EQ 1 INE786A01032 JK LAKSHMI CEMENT LIMITED 198
- NEW EQUITY SHARES OF RS. 5/- AFTER SPLIT - JK LAKSHMI CEM-EQ5/-
INE498G01015 KATARE SPINNING MILLS 25 LIMITED - EQUITY SHARES -
KATARE SPINNING - EQ INE134B01017 KIRLOSKAR ELECTRIC 2 COMPANY LIMITED EQUITY SHARES - KIRLOSKAR ELECTRIC INE018A01030 LARSEN & TOUBRO 135 LIMITED-EQUITY SHARES OF RS.2/- EACH - L&T LTD-RS.2/-
INE862A01015 LML LIMITED EQUITY SHARES 50
- LML LIMITED EQUITY INE270B01027 MAFATLAL INDUSTRIES LTD- 0 NEW RS 10/- EQUITY (AFTER SCHEME OF ARRANGEMENT) - MAFATLAL IND NEW INE103A01014 MANGLORE REFINERY & 0 PETROCHEMICALS LTD-EQUITY SHARES - MRPL-EQUITY INE180A01020 MAX INDIA LIMITED - NEW 0 EQUITY SHARES OF RS. 2/-
AFTER SPLIT - MAX INDIA -
EQ RS 2 47 INE836H01014 MCDOWELL HOLDINGS 0 LIMITED - EQUITY SHARES -
MCDOWELL HOLDING- EQ INE199A01012 MERCK LIMITED - EQUITY 502 SHARES - MERCK LIMITED -
EQ INE048G01018 NAVIN FLUORINE 0 INTERNATIONAL LIMITED-EQUITY SHARES -
NAVIN FLUORINE EQ INE347G01014 PETRONET LNG 100 LIMITED-EQUITY SHARES -
PETRONET LNG LTD-EQ INE182A01018 PFIZER LIMITED EQUITY 0 SHARES - PFIZER LIMITED EQ INE319A01016 PHILIPS INDIA LIMITED# 0 EQUITY SHARES - PHILIPS INDIA- EQ INE140A01024 PIRAMAL ENTERPRISES 241 LIMITED # NEW RS 2- AFTER SPLIT - PIRAMAL ENTER -
EQ INE748E01018 PIRAMAL GLASS LIMITED - 11 EQUITY SHARES - PIRAMAL GLASS LTD-EQ INE122J01015 PIRAMAL PHYTOCARE 24 LIMITED# EQUITY SHARES -
PIRAMAL PHYTO- EQ INE301A01014 RAYMOND LIMITED EQUITY 0 SHARES - RAYMOND LIMITED EQ INE013A01015 RELIANCE CAPITAL LIMITED 31 EQUITY SHARES - RELIANCE CAPITAL INE330H01018 RELIANCE COMMUNICATIONS 616 LIMITED - EQUITY SHARES -
RELIANCE COMMUNI -EQ INE002A01018 RELIANCE INDUSTRIES 1231 LIMITED EQUITY SHARES -
RELIANCE INDUS-EQ INE036A01016 RELIANCE INFRASTRUCTURE 46 LIMITED EQUITY SHARES -
RELIANCE INFRASTR-EQ 48 INE614G01033 RELIANCE POWER LIMITED - 154 EQUITY SHARES AFTER CONSOLIDATION RS. 10/-. -
RELIANCE POWER - EQ INE058A01010 SANOFI INDIA LIMITED # 0 EQUITY SHARES - SANOFI INDIA - EQ INE062A01020 STATE BANK OF INDIA # NEW 10 OR 0 EQUITY SHARES OF FV RE.
1/- AFTER SUBDIVISION -
SBI - EQ INE755D01015 STOVEC INDUSTRIES LIMITED 10
- EQUITY SHARES - STOVEC INDS. LTD INE044A01036 SUN PHARMACEUTICALS 0 LTD-NEW EQUITY SHARES OF RE. 1/- AFTER SUB-DIVISION - SUN PHARMA RE.1/-
INE038B01010 0SVC SUPERCHEM LIMITED EQUITY SHARES - SVC SUPER LTD EQ IN9155A01020 TATA MOTORS LTD - A DVR EQUITY SHARES OF RS. 2/-
AFTER SUB-DIVISION - TATA MOTOR-A-DVR EQ2 375 OR 275 INE155A01022 TATA MOTORS LTD - NEW 375 EQUITY SHARES OF RS. 2/-
AFTER SUB-DIVISION - TATA MOTORS-EQ RS2/-
INE081A01012 TATA STEEL LIMITED - 30EQUITY SHARES - TATA STEEL EQUITY INE391D01019 TRF LIMITED EQUITY SHARES 0
- TRF LIMITED EQUITY INE481G01011 ULTRATECH CEMENT 120 LIMITED-EQUITY SHARES -
ULTRATECH CEMENT LTD INE696A01025 UNITED BREWERIES 0 (HOLDINGS) LTD [FORMLY KINGFISHER PROPERTIES & HOLDINGS [FORMRLY UNITED BREWERIES] - UNITED BREW-HOLDINGS 49 INE686F01025 UNITED BREWERIES LIMITED 0
- NEW EQUITY SHARES OF RE. 1/- AFTER SPLIT -
UNITED BREWERI-EQ1/-
INE854D01016 UNITED SPIRITS LIMITED - 0EQUITY SHARES - UNITED SPIRITS-EQ INE848D01018 V B DESAI FINANCIAL 103 SERVICES LIMITED - EQUITY SHARES - V B DESAI FIN.SERV.
INE712A01012 WARREN TEA LIMITED EQUITY 0SHARES - WARREN TEA LTD EQY SCHEDULE - III LIST OF SHARES AND/OR DEBENTURES STANDING IN THE FIRST NAME OF LAXMI GIYANANI ON 6.6.08 S COMPANY NAME 1ST 2ND FOLIO NO. NO. OF NO. HOLDER HOLDER SHARES 1 ADITYA BIRLA NOVA LAXMI JAMNADAS L030668 37 2 AKZO NOBLE INDIA LAXMI JAMNADAS LJ012 133 3 ATLAS COPCO LAXMI DILIP ATL0002166-1 60 4 AUTOMOTIVE AXLES LAXMI JAMNADAS 30130 50 5 BAYER CROPSCIENCE LTD LAXMI GEETA BIL0005766 66 6 BAYER CROPSCIENCE LTD LAXMI DILIP BIL0008756 66 BEST AND CROMPTON 7 ENGG LAXMI JAYKUMAR BCE09098 300 8 BIRLA CORPORATION LAXMI JAMNADAS 21570 45 9 CENTURY ENKA LTD LAXMI GEETA L0017558 220 10 EIH HOTELS LAXMI - 114458 1020 11 GARWARE POLYESTER LTD LAXMI 00L02290 141 12 GLAXO SMITHLINE LTD LAXMI JAYKUMAR 315051 140 13 GRASIM INDUSTRIES LAXMI JAMNADAS 123144 39 14 GRASIM INDUSTRIES LAXMI JAMNADAS L10363 42 15 GRINDWELL NORTON LTD LAXMI PUSHPA GNL0000300 400 HARD CASTLE AND WAUD 16 LTD LAXMI JAMNADAS L00467 41 INNOVASSYNTH 17 INVESTMENTS LIMITED LAXMI GEETA L00115 127 18 J K CEMENT LTD LAXMI GEETA 439394 10 19 JAYKAY ENTERPRISES LAXMI JAYKUMAR 157771 100 20 LARSEN & TOUBRO LAXMI JAYKUMAR L64199 546 D9L01194/407 21 MAHAMAYA INVESTMENT LAXMI JAMNADAS 29 21 22 MAHINDRA & MAHINDRA LAXMI JAYKUMAR L003047 24 NAGARJUNA FERTILIZERS 23 AND CHEMICALS LTD LAXMI JAYKUMAR NFK391294 550 24 NATIONAL PEROXIDE LTD LAXMI JAYKUMAR L00136 125 50 25 PFIZER LAXMI GEETA 129662 40 RECKITT BENCKISER 26 (INDIA) LTD LAXMI GEETA 1131494 268 27 SANOFI INDIA LTD LAXMI DILIP 80737 100 28 SANOFI INDIA LTD LAXMI GEETA 25839 100 29 STANROSE MAFATLAL LAXMI JAMNADAS C9L01194 8 30 TATA MOTOR CLASS-A LAXMI JAYKUMAR E2L1019761 1200 31 TATA MOTOR DVR LAXMI JAYKUMAR E2G2014011 1260 32 TATA STEEL LAXMI JAYKUMAR SIL0009017 300 33 TVS MOTORS LAXMI DILIP L0675 1000 34 ULTRATECH CEMENT LTD LAXMI JAYKUMAR L64199 72 35 ULTRATECH CEMENT LTD LAXMI JAMNADAS 81559244 46 36 ZUARI INDUSTRIES LTD LAXMI GEETA L00938 50 XXXXXXXX 37 CADBURY LAXMI XX L00443 200 XXXXXXXX 38 NAVIN FLUORINE LAXMI XX 12001194 20 XXXXXXXX 39 NAVIN FLUORINE LAXMI XX 7001584 20 40 CENTURY TEXTILES LAXMI GEETA LA00584 200 41 CENTURY TEXTILES LAXMI DILIP LA01005 240 ANY SHARES TRACED BACK TO LAXMI GIYANANI AS A FIRST HOLDER WILL BE BROUGHT INTO HUF ACCOUNT AND WILL BE DIVIDED AS PER THE HUF PARTITION IN AGREED RATIO.
SCHEDULE IV BUSINESS, ASSETS & LIABLITIES OF P.G. WINES BUSINESS OF LATE JAMNADAS PAHILAJRAI GIYANANI AS ARE INCLUDED IN THE P.G. WINES BALANCE SHEET ON 6TH JUNE 2008 SR. MOVABLE AND IMMOVABLE VALUE IN DETAILS NO. ASSETS THE BALANCE SHEET (IN RUPEES) Immovable Assets CIDCO PLOT NO 162 6,68,559 ADMEASURING 298.54 S MT SECTOR NO 12 VASHI CIDCO OPEN WAREHOUSE 2,15,000 VASHI MOVABLE ASSETS 1 HYUNDAI I10 - YEAR 2006 381454 R.C.NO.
MH-03-AM-6407 / ENGINE NO.349915 CHASIS NO.28057 2 PG WINES LICENSE FL II – 196 CL/FL/TODIII NO-203 51 3 AIR CONDITIONER 1676.80 4 COMPUTER 32588.00 5 COMPUTER UPS 694.65 6 FURNITURE & FIXTURE 35888.00 7 MOBILE PHONE 1955.60 8 OFFICE EQUIPMENT 1745.00 9 PRINTER 7783.60 10 REFRIGERATOR 6003.05 11 SCANNER 3872.00 12 TV SET 5130.00 RBI BONDS (MATURED) 0 13 RBI BONDS (STOCK 0 14 HOLDING) MATURED TATA & IDBI BONDS 10000 1)TATA TAX 15 SAVING FUND INCOME DIST-OCT2005 FOLIO NO 24281/04 UNITS : 1000
2) TATA TAX SAVING FUND INCOME DIST-OCT2005 FOLIO NO 24280/04 UNITS : 1000
3)IDBI MUTUAL FUND FOLIO NO.T96024391 UNITS :500 16 UTI & BOB MEP 95 (5000 10000 UTI MEP US EACH) FOLIO NO 51430587691 RS 5000/-
BOB : BIRLA ADVANTAGE FUND A/C NO BS0BA005500947 UNITS : 100 RS 5000/-
17 UTI MEP 92 5000 FOLIO NO 92W1317231 UNITS :1000 18 SBI Tax Advantage Fund 20000 AC NO 171381163 National Saving Scheme (amt to be mentioned) PPF(amt to be mentioned) 52 19 Baroda Pioneer Growth ________ Folio No. - Units – Fund – Dividend Plan 101091906 718.348 DEPOSITS PAID BMC DEPOSIT 150.00 1 ELECTRICITY DEPOSIT 11920.00 2 MOBILE DEPOSIT 1000.00 3 TATA TELEPHONE DEPOSIT 1500.00 4 RELIANCE ENERGY DEPOSIT 2120.00 LOANS & ADVANCES GIVEN
1. J.J. GIYANANI 275174.00 2 DILIP GIYANANI 348490.00 3 KAVITA GIYANANI 27954.00 4 NEW MAHARASHTRA WINE 98229.00 MART 5 OCEAN DISTRIBUTORS 78883 6 SAGAR WINE MARKETING 200000 7 SAKKI COUNTRY LIQUORS 5400.00 PVT. LTD 8 SMC COUNTRY LIQUORS PVT. 4800.00 LTD 9 DAB ALCOHOL BREWERIES 30000.00 10 SUPER TRADERS 50000.00 11 TCS (AY 2007-2008) 594863.47 12 TCS (AY 2008-2009) 540284.79 13 TCS (AY 2009-2010) 115349.66 14 PRE-PAID LICENSE FEES 586000.00 15 ALLIED DOMINIQ SPIRITS 4887.00 LIABILITIES SECURED LOANS 1 ALLAHABAD BANK OD ACCT 968739.64 No. 600086
2. Standard Chartered Bank 20080 Account No. 22605224761 UNSECURED LOANS (PAYABLE) 2 J.P. GIYANANI (HUF) 137100.00 3 PAHILAJRAI KHIMANDAS 300000.00 (HUF) 4 VANDANA K. GIYANANI 63000.00 MAHALAXMI MILLING 210800 MANUJULA MEHTA 186000.00 NITIN GIYANANI 65000.00 SUNDRY CREDITORS FOR GOODS (PAYABLE) 1 TOTAL OF SUNDRY 4429483.75 CREDITORS FOR GOODS SUNDRY CREDITORS FOR EXPENSES( PAYABLE) 1 DILIP GIYANANI 0.00 53 ELECTRIC CHARGES PAYABLE 9110.00 MOBILE CHARGES PAYABLE 2928.00 SALARIES PAYABLE 25500.00 PROFESSIONAL TAX PAYABLE 6565.00 SALES TAX PAYABLE 7117.00 TELEPHONE CHARGES 4137.00 PAYABLE RENT PAYABLE 6000.00 SCHEDULE – V MOVABLE ASSETS FORMING PART OF THE ESTATE OF LATE JAMNADAS PAHILAJRAI GIYANANI AS ON 6.06.2008 OTHER THAN ASSETS MENTIONED IN SCHEDULE – I & SCHEDULE – IV Sr. Assets Account Amount (in Rs) No. No./Folio Number/Number of Units 1 BANK OF BARODA ACCT NO. 2445 6020.57 2 National Saving 1)6NS/JJBB666979 2500 Certificate RS 500.
2)6NS/39CC614778 RS 1000.
3)6NS /40CC793270 RS 1000.
2. UTI Mutual Fund 2000 3 CAN GROWTH FUND FOLIO NO 2000 GN0049612 UNITS 188.0026 4 Master Gain 10000 5 Government of 150000 India 8 % Relief Bonds 8 HSBC Mutual Funds FOLIO NO 200000 787761/25 9 IDBI Bonds New 30000 10 NABARD Bonds 153820 (54EC) 11 NABARD Capital NOTE- INTEREST 150000 Gains Bonds UPTO 31/10/2010.
FOLIO NO 0515628 RS-46546/- TOTAL 196546/-
12 Reliance Mutual A/C NO 50000
Fund 40461771323
UNITS : 893.869
13 Canara Robeco Folio No.
Balance 90630252
Dividend Plan Units : 91.990
14 PRINCIPAL PNB A/C 11234341-HY
UNITS 500.000
15 BARODA MUTUAL FOLIO NO 10191917 5000
54
FUND UNITS : 500.000
12. Sundaram BNF 1464485/63 50000
Mutual Fund
13. Capital in 663747.44
Pirumal Giyamal
14 Capital in New 278955.60
Maharashtra Wines
LOAN GIVEN
15 MAHARASHTRA WINES 700000
SCHEDULE VI
ENTIRE ESTATE OF LATE SHRI JAMNADAS PAHILAJRAI HUF AS OF MARCH 31, 2008 S. MOVABLE ASSETS VALUE IN ACCT NO BALANCE SHEET DETAILS INVESTMENTS 1 ALLAHABAD BANK FD 1200000.00 2 COMPANY FDR 4493.00 3 HSBC MUTUAL FUND 800000.00 4 UTI MEP 60000.00 5 KERALA ELECTRICITY 500000.00 FOLIO NO 5 BONDS OF BONDS -KXB000001 RS. 1 LAC EACH 6 KONKAN RAILWAY BONDS 97 10000.00 10 BONDS OF RS. 1000 EACH 7 NSS ACCT 410958.00 ACCT NO. AMT - Rs.
51188 - 148182
ACCT NO. AMT - Rs.
51060 - 262776
8 PPF ACCT 1699787.08 ACCT NO.
10893097668
9 RBI RELIEF BONDS (STOCK 9900000.00 DETAILS
HOLDING) MENTIONED
BELOW
10 ULIP DIVIDEND ACCT 55840.00
11 BARODA PIONEER DIV FOLIO NO- 500 UNITS
FUND- DIV PLAN 101091917
11 SHARES STANDING IN THE 242217.00
NAME OF LAXMI GIYANANI
OR JP HUF
12 DEBENTURES STANDING IN 64254.00
THE NAME OF LAXMI
GIYANANI OR JP HUF
13 MONEY FROM PIRUMAL 327108.00
GIYAMAL IN LIEU OF
GODOWN E-61 TRF IN JP
HUF
14 MONEY FROM JPG PERSONAL 18767.00
IN LIEU OF BELGAUM PLOT
55
TRF IN JP HUF
BANK ACCOUNTS
1 ALLAHABAD BANK ACCT 1051987.46 AC NO-
20019819929
2 ALLAHABAD BANK SB ACCT 25257.45 AC NO-
20019835993
3 BANK OF MAHARASHTRA 515.00
ACCT
4 STANCHART BANK ACCT 90919.84 AC
NO-2261000619
5 UNION BANK SB ACCT 748.00
LOANS RECEIVABLE
1 DILIP GIYANANI 775000.00
2 GEETA GIYANANI 265000.00
3 JAYKUMAR GIYANANI 250000.00
4 KAVITA GIYANANI 50000.00
5 KUMTA ARCAUNUTS 25000.00
6 PG WINES 137100.00
7 ROHIT GIYANANI 100000.00
8 VIDYA GIYANANI 6000.00
LOANS PAYABLE
1 MAHARASHTRA WINE MART 700000.00
CAPITAL IN FIRMS WHERE
HUF WAS PARTNER
1 JEMCO PLASTICS 309425.00
2 MAIKHANA WINE MART 961092.00
IMMOVABLE ASSETS
1 NASIK SINNAR PLOT 1053250.00 ADMEASURING 2568.78 SQ
GAT NO. 75/1/A & PLOT METERS, DIVISIBLE INTO 6
NO. 76, CHINCHOLI BUNGLOW PLOTS. DETAILS
VILLAGE, SINNAR TALUKA, EXPLAINED BELOW.
NASHIK DIST.,
2 DEOLALI BUNGALOW PLOT ADMEASURING 316.66 SQ METERS
PLOT NO. 72 A/1/2,
SANSARI GAON, DEOLALI
CAMP. NASHIK DISTRICT.
DIVISION OF IMMOVABLE ASSETS
PROPERTY NO. 1 ---- NASIK SINNAR PLOT
Plot No Area in DIVISION
Square
Meters
9 471.41 856.26 SQ MT
22 375.00 856.26 SQ MT
17 403.62 856.26 SQ MT
23 375.00
24 375.00
56
42 568.75
TOTAL 2568.78 TOTAL 2568.78 SQ
MT
PROPERTY NO. 2 -------- DEOLALI BUNGALOW PLOT PLOT NO. 1, SURVEY NO. 72/A/1/2, DEOLALI CAMP, VILLAGE SANSARI, DIST: NASHIK, 422101., ADMEASURING APPROXIMATELY 316.66 SQ MTRS STANDS IN THE NAME OF MR. JAMNADAS GIYANANI AND REFLECTS IN THE BALANCE SHEET OF JAMNADAS PAHILAJRAI HUF.
RBI RELIEF BONDS (STOCK HOLDING CORPORATION) PRINCIPAL MATURITY REDEMPTION S.NO FOLIO NO. ISSUE DATE AMOUNT INTEREST AMOUNT DATE 1 SHC54120008540 29/11/2003 500000 188500 688500 29/11/2008 2 SHC54120008182 14/11/2003 400000 150800 550800 14/11/2008 3 SHC54120008031 10/11/2003 300000 113100 413100 10/11/2008 4 SHC54120007935 6/11/2003 1000000 377000 1377000 6/11/2008 5 SHC54120009575 8/11/2004 500000 188500 688500 8/1/2009 6 SHC54120005892 25/08/2003 2000000 754000 2754000 25/08/2008 7 SHC54120007542 24/10/2003 100000 37700 137700 24/10/2008 8 SHC54120001229 9/1/2003 400000 204400 604400 9/1/2009 9 SHC54120010119 27/01/2004 300000 113100 413100 27/01/2009 10 SHC54120007672 29/10/2003 200000 175400 275400 29/10/2008 11 SHC54120001561 29/01/2003 2000000 1022000 3022000 29/01/2009 12 SHC54120009642 10/1/2004 200000 75400 275400 10/1/2009 13 SHC541210272 6/1/2005 200000 6888.89 5/1/2012 14 SHC541207431 18/08/2005 250000 120200 18/08/2010 15 SHC541214755 300000 16 SHC541211008 250000 17 SHC541214668 300000 18 SHC541209739 300000 TOTAL 9900000” In view of the acceptance of the settlement by this Court, the civil cases pending inter se between the parties shall be deemed to have been disposed of. As far as the criminal cases are concerned, which find mention at paragraph 42 of the settlement stand quashed.
57We must put on record the culture of settlement reflected by the petitioner and respondent no.3 as well as their counsel and Mr. Puneet Kumar, who has guided as Mediator to arrive at such a settlement.
In view of the aforesaid, the judgment and order of the High Court is set aside. The appeal is disposed of in above terms.
.....................,J.
(Dipak Misra) .....................,J.
(Prafulla C. Pant) New Delhi;
September 07,2015.
58
ITEM NO.13 COURT NO.5 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3695/2015
(Arising out of impugned final judgment and order dated 23/03/2015 in CRLA No. 196/2015,23/03/2015 in CRABA No. 307/2015 passed by the High Court Of Bombay) DILLIP J. GIYANANI Petitioner(s) VERSUS STATE OF MAHARASHTRA AND ORS. Respondent(s) Date : 07/09/2015 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Charanjeet Chandeyal, Adv.
Mr. Amit Verma, Adv.
Mr. Nitin Bhardwaj, AOR For Respondent(s) Mr. Sunieta Ojha, Adv.
Mr. Maurya K. Tripathi, Adv.
Mr. Vikram Sataria, Adv.
Mr. Mohit D. Ram, AOR Dr. Ashish Sharma, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)