Bombay High Court
Ajay Piramal And 2 Ors vs Aleya S. Chinmulgund And 3 Ors on 2 November, 2018
Author: S.C. Gupte
Bench: S.C. Gupte
sat 1/2 nms 896-2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 896 OF 2013
IN
SUIT NO. 300 OF 2013
Ajay Piramal & Ors. ...Plaintiffs
vs.
Aleya Sheekha Chinmulgund & Ors. ...Defendants
and
Akzo Nobel India Ltd
(formerly known as IEL Ltd.) & Ors. ...Respondents
Mr.Akshay Doctor I/b. Desai & Diwanji for Plaintiffs/Applicants.
Mr.Siddha Pamecha I/b. M. Mulla Associates for Defendant No.3.
Mr.Kunal Mehta with Himanshu Pradhan I/b. Crawford Bayley & Co. for
Respondent No.17.
CORAM : S.C. GUPTE, J.
DATE : 2 NOVEMBER 2018 P.C. :
This is a notice of motion taken out in a suit, which seeks opinion of the court on an originating summons.
2 The Plaintiffs are executors of the last will and testament of the deceased, Dr.Kalyan Sundar Basu. The controversy in the suit and the originating summons concerns certain shares, which were held by the deceased in the joint name of himself and his daughter, Defendant No.1 herein. By the relevant provisions of the deceased's will, these shares were declared by the testator to be of his own beneficial interest to the exclusion of his daughter, Defendant No.1 herein. The will makes a provision that these shares would form part of the estate of the deceased and would be ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:40:56 ::: sat 2/2 nms 896-2013.doc dealt with in accordance with the provisions of the will. Accordingly, the executors were directed to take possession of the shares and distribute them in accordance with the bequest made in the will.
3 Learned Counsel for the Plaintiffs submits that the testator has bequeathed his other property along with the bequest made in respect of these shares. Learned Counsel submits that Defendant No.1 has already made an election and retained the benefits, which have occurred to her under the other bequests made in the last will and testament. The court, however, finds that appropriate averments to that effect are missing in the plaint. Learned Counsel thereupon requests the court to adjourn the notice of motion so as to enable the Plaintiffs to seek an appropriate amendment of the plaint.
4 The notice of motion is, accordingly, stood over to 5 December 2018. Since the questions framed in the originating summons can be answered after a brief hearing, let the originating summons and the suit also be placed along with the notice of motion on the next date.
5 The parties are put to notice that the originating summons and the suit may be disposed of along with the notice of motion. The Advocates of the Plaintiffs shall give a personal notice of the next date of hearing and also communicate this order to Defendant No.1 personally. It is made clear that no accommodation would be granted to any of the parties on the next occasion.
(S.C. GUPTE, J.) ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:40:56 :::