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Bombay High Court

Bai Avabai Hormusji Tata Trust For ... vs Shernaz Faroukh Lawyer & 6 Ors on 1 February, 2019

Author: Naresh H. Patil

Bench: Naresh H. Patil, N.M. Jamdar

                                1/3                   902-903appl 37.19-38.19.doc


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION

                       APPEAL (l)NO. 37 OF 2019
                                 IN
                  TESTAMENTARY SUIT NO. 29 OF 2012
                                 IN
                TESTAMENTARY PETITION NO.341 OF 2012
                                WITH
                  NOTICE OF MOTION(L) NO.57 OF 2019
                                 IN
                       APPEAL (l)NO.37 OF 2019


 Bai Avabai Hormusji Tata
 Trust for Charitable Objects                   ...       Appellant
       V/s.
 ShernazFaroukh Lawyer & ors.                   ...       Respondents


                                WITH
                       APPEAL (l) NO. 38 OF 2019
                                  IN
                  TESTAMENTARY SUIT NO. 29 OF 2012
                                  IN
                TESTAMENTARY PETITION NO.341 OF 2012
                                WITH
                  NOTICE OF MOTION (L)NO.60 OF 2019
                                  IN
                       APPEAL (l) NO.38 OF 2019


 Amoha Traders Pvt. Ltd.                        ...         Appellant
      v/s.
 ShernazFaroukh Lawyer & ors.                   ...       Respondents



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 Mr.Ram Apte, Sr. advocate i/b. Ashutosh R. Gole for appellant in appl
 37/19.

 Mr. P.S.Dani, Sr. advocate i/b. Mandar Limaye for appellant in appl
 38/19.

 Dr. Birendra Saraf I/b. Mr.Jonathan S. Solomon, Administrator a/w.
 Mr.Aayush Kevlani for respondent no.7-administrator in Testamentary
 suit 29/12.

 Mr.D.J.Khambata, Sr. advocate, Mr.Rahul Narichania, Mr. Naval
 Agarwal, Ms. Naira Jeejeebhoy a/w. Mr. Parag Kabadi, Ms. Taruna
 Nagpal and Ms. Natasha Puri I/b.Doijode Associates for respondents 1
 & 2.

 Mr. Aekaanth Nair I/b. K. Ashar & company for original respondent
 no.5 in TS 29/12.


                           CORAM :NARESH H. PATIL, C.J.

& N.M. JAMDAR, J.

1st February, 2019.

P.C. Leave to add original respondent no.5 as party respondent.

2. We have heard the learned Counsel appearing for the parties at quite some length. Shri Khambata, the learned Senior Counsel seeks a short accommodation. The learned Counsel Mr.Apte prays for interim ::: Uploaded on - 05/02/2019 ::: Downloaded on - 15/03/2019 10:25:04 ::: 3/3 902-903appl 37.19-38.19.doc order.

3. Without expressing any opinion on the merits of the case, we direct the Administrator and/or Prothonotary & Senior Master of this Court not to take any further steps consequent to directions issued by learned Single Judge of this Court as reflected in clause-II of para 95 of the impugned order dated 21st December, 2018.

4. Stand over to 14th February, 2019.

               N.M.JAMDAR, J                        CHIEF JUSTICE
L.S. Panjwani, P.S.




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