Bombay High Court
Amresh J. Divecha vs Shirish Divecha And Anr.(Def) And ... on 4 September, 2018
Author: G.S. Patel
Bench: G.S. Patel
41-NMT173-18.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION NO. 173 OF 2018
IN
TESTAMENTARY SUIT NO. 166 OF 2013
IN
TESTAMENTARY PETITION NO. 89 OF 2013
Shirish Divecha ...Applicant
In the matter between
Amresh J Divecha ...Plaintif
Versus
Shirish Divecha & Ors ...Defendants
And
Palonji Mansion Co-operative Housing Society ...Respondents
Limited & Ors Mr Farhan Dubash, with Dipika Panchamatia, I/b Vigil Juris, for the Plaintiff.
Mr Rohaan Cama, with Sridhar Chari and Saloni Shah, I/b DSK Legal, for the Applicant.
CORAM: G.S. PATEL, J
DATED: 4th September 2018
PC:-
1. The application is by the 1st Defendant seeking an order against Respondent Nos. 1 to 4 to preserve with them and give Page 1 of 2 4th September 2018 ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 01:32:22 ::: 41-NMT173-18.DOC inspection of all documents pertaining to the deceased Harshada Krishnaram Divecha. Respondent Nos. 2, 3 and 4 are banks and Respondent No. 1 is a cooperative society.
2. In view of the response from the two banks at pages 11, 13 and 14, I believe that the preservation of these records are necessary for the final disposal of the Suit. It is not only the question of the estate of the deceased but also a question of the authenticity and validity of the signature on the testamentary instrument.
3. The Plaintif will not be prejudiced by the grant of these prayers.
4. The Notice of Motion is made absolute in terms of prayer clause (a), (b) and (c).
(G. S. PATEL, J) Page 2 of 2 4th September 2018 ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 01:32:22 :::