Bombay High Court
Harsh R.Kilachand vs Ramila Rajnikant Kilachand ... on 6 June, 2019
Author: A.K. Menon
Bench: A.K. Menon
rrpillai 911-nms-201-2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 201 OF 2017
IN
SUIT NO. 2233 OF 1996
WITH
TESTAMENTARY PETITIONNO. 116 OF 1999
Amrish Kilachand ... Applicant/Plaintiff
vs.
Shreemati Ambalal Kilachand and Ors. ... Defendants
WITH
NOTICE OF MOTION NO. 306 OF 2017
IN
TESTAMENTARY PETITION NO. 116 OF 1999
Mr. Darius Shroff, Senior Counsel a/w. Mr. Rohan Cama i/b. Mr. Rahul P. Jain
for the Applicant in NMS/201/2017
Mr. Shanay Shah i/b. Rahul P. Jain for the Applicant in NMT/306/2017.
Mr. Rishabh Shah a/w. Ms. Aniya Bhansali i/b. Mr. Raval Shah for Respondent
no. 8 in NMS/201/2017 and for the Applicant in NMT/306/2017.
Mr. Atul Jain a/w.Mr. Nitesh Jain i/b. M/s. Shardul Amarchand Mangaldas &
Co. for Defendant nos. 6, 11 and 12.
CORAM : A.K. MENON, J.
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1. On 3rd June, 2019 the notice of motion came to be adjourned to date in order to enable parties to file consent terms as far as appointment of new executor is concerned. Accordingly parties have proceeded with appointment of Justice S. Radhakrishnan, former judge of this Court. However it transpires that consent of the proposed executor thus obtained by the applicant is on the basis that he would be the sole executor. What is now proposed is that the proposed executor will have with him four co-executors.
Time is therefore sought to obtain fresh consent of the proposed executor.
2. In the meantime on 3rd June, 2019 I have observed that it would be in the fitness of things that the four existing co-executors disclose on oath the accounts of all the dealings in respect of the assets of the deceased testator and in that light this order. Accordingly there will be ad-interim order in terms of prayer clause (b) which reads as follows :
"(b) That this Hon'ble Court be pleased to order and direct the Executor and the Co-Executors to disclose on oath true correct and faithful accounts of all their dealings concerning the assets of the Estate of Ambalal Kilachand from the date of appointment and further all agreements entered into by any or all of the above named Defendants or their servants or agents or howsoever, relating to and/or dealing with the Estate of Ambalal Kilachand and deposit in this Hon'ble Court forthwith along with all copies thereof with an undertaking that they are not in possession of any further documents and be further restrained from acting upon the same;"
Let such disclosure be completed within a period of two weeks from today.
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3. Furthermore in view of the order dated 2 nd November, 2001 passed in NM/911/2001 in MP/4/2001 and in view of paragraph 4 of that order the direction to disclose in terms of prayer clause (b) in the notice of motion shall also apply to respondent no.3.
4. Stand over to 20th June, 2019.
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