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Bombay High Court

Amoha Traders Pvt Ltd vs Shernaz Faroukh Lawyer on 28 August, 2023

Author: Nitin Jamdar

Bench: Nitin Jamdar

R.V.Patil                        1              2 APP(L).901.2023.doc



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

                   APPEAL (L) NO. 901 OF 2023
                               IN
               TESTAMENTARY SUIT NO. 29 OF 2012

                             WITH
            INTERIM APPLICATION (L) NO. 6140 OF 2023
                               IN
                   APPEAL (L) NO. 901 OF 2023

Jamsheed Minocher Panday             ...       Appellant/Applicant

       V/s.

Shernaz Faroukh Lawyer and Others    ...       Respondents.

                           WITH
                    APPEAL NO. 11 OF 2023
                            IN
               TESTAMENTARY SUIT NO. 29 OF 2012

                            WITH
             INTERIM APPLICATION NO. 4529 OF 2022
                             IN
                    APPEAL NO. 11 OF 2023


Bai Avabai Hormusji Tata Trust
for Charitable Objects               ...   Appellant/Applicant.

       V/s.

Shernaz Faroukh Lawyer and Others    ...       Respondents.

                            WITH
                     APPEAL NO. 14 OF 2023
 R.V.Patil                        2             2 APP(L).901.2023.doc



                            IN
               TESTAMENTARY SUIT NO. 29 OF 2012

                           WITH
              NOTICE OF MOTION (L) NO. 60 OF 2019
                            IN
                    APPEAL NO. 14 OF 2023


Amoha Traders Pvt. Ltd.                    ...      Appellant.

       V/s.

Shernaz Faroukh Lawyer and Others          ...      Respondents.

                           WITH
                    APPEAL NO. 10 OF 2023
                            IN
               TESTAMENTARY SUIT NO. 29 OF 2012

                             WITH
            INTERIM APPLICATION (L) NO. 29480 OF 2022
                              IN
                     APPEAL NO. 10 OF 2023

                            WITH
            INTERIM APPLICATION (L) NO. 14153 OF 2021
                              IN
                     APPEAL NO. 10 OF 2023


Manek Dara Sukhadwalla                     ...      Appellant.

       V/s.

Shernaz Faroukh Lawyer and Others          ...      Respondents.


                              .......
 R.V.Patil                              3               2 APP(L).901.2023.doc




Mr. Amir Aarsiwala a/w Mr. Rehmat Lokhandwala, Mr. Nadeem
Shama, Ms Leona Furtado i/b Pan India Legal Services LLP for the
Appellants in Appeal (L) No. 901 of 2023 and in Appeal No. 10 of
2023.
Ms Meetali Mendhe a/w Mr. Agastya Sreenivasan Administrator-
Estate of Late Mr. Puover Burjor Dalal.
Mr. Rahul Narchania, Senior Advocate, Taruna Nagpal i/b M/s DSK
Legal for Respondent Nos. 1 and 2.
                               .......

                CORAM : NITIN JAMDAR, AND
                        MANJUSHA DESHPANDE, JJ.
               DATE :       28 August 2023.

P.C. :


The learned Counsel for Respondent Nos. 1 and 2 points out that Respondent No. 2 has expired. Leave to amend to delete Respondent No. 2 is granted, as we are informed that Respondent No. 2 was an executor. Amendment to be carried out within a period of three working days.

2. The learned Counsel for the Appellants states that the appeal is on lodging number because there is a variance in title to the appeal memo and the title of the proceedings before the learned Single Judge, as one of the Appellants was not a party in the proceedings before the learned Single Judge but because the order is against him, he has filed an appeal. Keeping all contentions of the parties open, this objection is waived.

R.V.Patil 4 2 APP(L).901.2023.doc

3. Subject to other objections, if any, to be removed within a period of one week from today, the appeal be given regular number.

4. List the appeal on the supplementary disposal board on 6 October 2023.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) Signed by: Rushikesh Patil Designation: PA To Honourable Judge Date: 30/08/2023 14:47:35