Bombay High Court
Kamalrukh Wajid Khan vs Wajid Sharafat Khan (Deceased) on 14 November, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2022.11.15
18:28:25 +0530
31-ia-8365-2021.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO.8365 OF 2021
IN
TESTAMENTARY PETITION (L) NO.3828 OF 2021
Kamalrukh W. Khan ...Petitioner
Versus
Razia S. Khan & Ors. ...Respondents
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Mr. Zubin Behramkamdin, Bahraiz Irani with Afrin Dalal i/b. Irani
and Co. for the Petitioner.
Mr. B.G. Saraf with Pratibha Bangera for Respondent No.1.
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CORAM : R.I. CHAGLA J.
DATE : 14TH NOVEMBER, 2022
ORDER :
1. Heard learned Counsel for the parties.
2. By order dated 7th April, 2021, the Respondents were directed to file Affidavit in Reply to disclose the entire estate of the deceased the late Mr. Wajid S. Khan along with the necessary tax returns and their accompanied computation of income or sale. Also the returns of the Limited Liability Company in which the deceased 1/3 31-ia-8365-2021.doc had an interest. All other similar commercial entities in which the deceased had any interest or share (apart from regular investments) were also to be disclosed with their complete financials.
3. Mr. Irani has submitted that there has been non compliance of order dated 7th April, 2021. The returns of the Limited Liability Company in which the deceased had an interest has not been disclosed in the said Affidavit which has been filed. Further, he has submitted that there have been no full disclosures in the said Affidavit.
4. Mr. Saraf has submitted that the Affidavit has been filed wayback in April, 2021 and there has been a disclosure of the estate of Wajid S. Khan as per the said order dated 7th April, 2021.
5. Mr. Irani has submitted that the Affidavit in Rejoinder is prepared and seeks leave to file the Affidavit in the Registry. Accordingly, Affidavit in Rejoinder shall be filed in the Registry by 17th November, 2022.
6. At this stage, Mr. Saraf has sought liberty to file further 2/3 31-ia-8365-2021.doc Affidavit disclosing returns of the Limited Liability Company in which the deceased had an interest. Liberty is granted. The further Affidavit shall be filed by 17th November, 2022.
7. Place the Interim Application on 22nd November, 2022, high on board.
[R.I. CHAGLA J.] 3/3