Bombay High Court
Rajesh Kapadia vs Divyesh Jayantilal Parikh And 11 Ors on 17 November, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
7.S.130.20 wt...doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.130 OF 2020
Rajesh Kapadia )
Aged - 74 years, Indian Inhabitant of Mumbai )
st
3, Marina Mansion, 1 Floor Chowpatty, )
Mumbai - 400 007 )...Plaintiff
v/s.
1. Divyesh Parikh, Hindu, Indian )
Inhabitant, residing at 13-D, Malabar )
Apartment, Off Napean Sea Road )
Mumbai - 400 036 )
2. State Bank of India )
Having its branch at Wadia Building )
125, M.G. Road, Fort, Mumbai - 23 )
3. IDBI Bank Ltd )
Having its branch at Mittal Tower )
'C' Wing, Ground Floor, Nariman Point, )
Mumbai 400 021. )
4. Patan Co-operative Bank Ltd )
Having its branch at 75, Rasik Niwas, )
Patan Jain Mandal Marg, )
Marine Drive, Mumbai 400 020. )
5. SVC Co-operative Bank Ltd )
Having its branch at A2-A6, )
Ganesh Prasad, Naushir Bharucha Marg, )
Sleater Road Branch, Mumbai 400 007. )
6. National Co-operative Bank )
Having its branch at Janmabhoomi )
Bhavan, 3rd Floor, Janmabhoomi Marg, )
Fort, Mumbai 400 001. )
7. Dena Bank (now merged with )
Bank of Baroda) Napean Sea Road Branch )
Swapnalok Apartments, L. J. Marg. )
Mumbai - 400 026 )
8. Central Bank of India )
Warden Court, 79/81, August Kranti Marg )
Mumbai - 400 036 )
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9. Sharekhan Ltd. )
th
10 Floor, Beta Building, Lodhaithink )
Techno Campus, Off JVLR, )
Opp. Kanjurmarg Station, Kanjurmarg (E) )
Mumbai - 400 042 )
10. SHRENIK KUMARPAL JHAVERI, Adult,)
currently residing at 31/B Miramar, Warden)
Road, Next to St. Stephen Church, Mumbai - )
400 036 )
11. GAURAV ARUN PARIKH, Adult, residing at)
43, Sonarica Building, 4th Floor, 33 A.G.)
Deshmukh Marg, Opp. Russian Culture)
Centre, Peddar Road, Mumbai - 400 026 )
12. SIDDHARTH SHRENIK JHAVERI, Adult,)
residing at 31/B Miramar, Warden Road, Next)
to St. Stephen Church, Mumbai - 400 036 )
13. SWATI NILESH MEHTA, Adult, residing at 38, )
Meera, 8th floor, 18, L. D. Ruparel Marg,)
Mumbai - 400 006 )
14. SONAL DIVYESH PARIKH, Adult, residing at)
13, D. Malabar Apartments, N. P. Godrej )
Marg, Mumbai - 400 036 )
15. NERGIS ALIAS NARGIS GAURAV PARIKH,)
Adult, residing at 43 Sonarica, 4th floor, 33)
A.G. Deshmukh Marg, Opp. Russian Culture)
Centre, Pedder Road, Mumbai 400026 )
16. RINITA VIJAY DOSHI ALIAS RINITA)
VIJAYKUMAR DOSHI, Adult, residing at)
Vasant Mahal, 3rd Floor, Block No.17, C Road, )
Churchgate, Mumbai - 400 020 )
17. ANTANA EAPEN VERGHESE ALIAS ANTANA)
VERGHESE, Adult, having her address at 4B-)
17 Coonoor Tower, Hill County, Apartments)
Nizampet Road, Bachupally K V Rangareddy, )
Telangana - 500 090 ) ... DEFENDANTS
WITH
INTERIM APPLICATION (L) NO. 2775 OF 2022
WITH
INTERIM APPLICATION (L) NO. 14621 OF 2021
WITH
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INTERIM APPLICATION NO. 277 OF 2021
WITH
INTERIM APPLICATION NO. 2299 OF 2019
IN
SUIT NO.130 OF 2020
AND
TESTAMENTARY PETITION NO.999 OF 2021
Mr. Divyesh Parikh ... Petitioner
AND
MISC. PETITION (L) NO. 16474 OF 2022
IN
TESTAMENTARY PETITION NO. 999 OF 2021
WITH
INTERIM APPLICATION NO. 19477 OF 2022
IN
MISC. PETITION (L) NO. 16474 OF 2022
Mr. Rajesh Kapadia ... Petitioner
Versus
Mr. Divyesh Parikh & Ors ... Respondents
AND
TESTAMENTARY PETITION NO.2682 OF 2021
Mr. Rajesh Kapadia ... Petitioner
AND
CAVEAT (L) NO.29909 OF 2021
IN
TESTAMENTARY PETITION NO.2682 OF 2021
RAJESH KANTILAL KAPADIA )
Aged 75 years, a Retired Gentleman )
Jain Hindu Indian Inhabitant of)
Mumbai, residing at 3, Marina)
Mansion, S.V.P. Road, Next to Sukh)
Sagar Snack, Girgaon Chowpatty,)
Mumbai - 400 007, being the Sole)
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Executor named under the Will of the )
Deceased above named ) ... PETITIONER
Versus
1. SHRENIK KUMARPAL JHAVERI)
Adult, Hindu, Indian, Inhabitant of)
Mumbai, currently residing at 31/B)
Miramar, Warden Road, Next to St.)
Stephen Church, Mumbai - 400 036. )
)
2. SONAL DIVYESH PARIKH Adult,
Hindu, Indian, Inhabitant of)
Mumbai, residing at 13, D. Malabar)
Apartments, N. P. Godrej Marg,)
Mumbai - 400 036. )
3. SWATI NILESH MEHTA Adult,)
Hindu, Indian, Inhabitant of)
Mumbai, residing at 38, Meera, L. )
D. Ruparel Marg, Mumbai - 400)
006. )
4. GAURAV ARUN PARIKH Adult,)
Hindu, Indian, Inhabitant of)
Mumbai, residing at 43, Sonarika )
Building, 4th Floor, 33 A.G.)
Deshmukh Marg, Opp. Russian)
Culture Centre, Peddar Road,)
Mumbai - 400 026. )
5. RINITA V. DOSHI Adult, Hindu,)
Indian, Inhabitant of Mumbai,)
residing at Vasant Mahal, 3 rd Floor,)
Block No.17, C Road, Churchgate,) ... CAVEATORS
Mumbai - 400 020.
Ms. Jyotsana Kondhalkar a/w Mr. Rahul Jain, Ms. Priya Upadhyay i/b VBA
Legal for (i) Plaintiff in Suit No.130 of 2020, (ii) Petitioner in Misc. Petition (L)
No. 16474 of 2022 in TP No. 999 of 2021 and (iii) Petitioner in TP No.2682 of
2021.
Mr. Rohaan Cama a/w Mr. Kunal Vaishnav i/b M/s. N.N. Vaishnawa & Co. for
(i) Defendant No.1 and Defendant Nos.10 to 17 in Suit No.130 of 2020, (ii)
Petitioner in TP No. 999 of 2021 and (iii) Caveator Nos.1 to 5 in Caveat (L)
No.29909 of 2021 in TP No.2682 of 2021.
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Ansul Bhuta i/b Bhuta & Associates for Defendant No.6-National Co.Op. Bank
Ltd.
Merlyn Vasudeo nee Monteir for S.B.I.-Defendant No.2 in S/130/2020.
CORAM : R.I. CHAGLA, J.
DATED : 17th NOVEMBER, 2022
ORDER :
1 By consent, hearing of all above matters are combined. 2 Learned Advocate appearing for the Plaintiff has sought leave to add (i) Mr. Shrenik Jhaveri, (ii) Mr. Gaurav Parikh (iii) Mr. Siddharth Shrenik Jhaveri (iv) Smt. Swati Nilesh Mehta (v) Smt. Sonal Divyesh Parikh (vi) Mrs. Nergis alias Nargis Gaurav Parikh (vii) Mrs. Rinita Vijay Doshi alias Rinita Vijaykumar Doshi and (viii) Mrs. Antana Eapen Verghese alias Antana Verghese, as Defendant Nos.10 to 17 to Suit No.130 of 2020 in accordance with Consent Terms dated 16th November 2022 and who are signatories to the same.
3 The Consent Terms are tendered by the Learned Advocate for the Plaintiff and taken on record and marked 'X' for identification. Draft Amendments to add Defendant Nos.10 to 17 are tendered by the Learned Advocate for the Plaintiff and taken on record and marked 'X-1' for identification.
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7.S.130.20 wt...doc 4 Accordingly, the Suit shall stand amended in terms of the draft amendments marked as 'X-1' for identification. The Plaintiff shall carry out the necessary amendment in the Suit by adding Defendant Nos.10 to 17 as parties forthwith. Re-verification is dispensed with. 5 Draft amendment to be carried out in Testamentary Petition No.2682 of 2021 marked as 'Y' for identification. 6 After filing of Suit No.130 of 2020, the Org. Plaintiff i.e. Mrs. Malti Jhaveri had expired, pursuant to which the Suit was amended i.e. executor of her will and trustee being Mr. Rajesh Kapadia was brought on record as per the Order dated 12.07.2021. Thereafter, Mr. Rajesh Kapadia being sole beneficiary and the legal heir of Mrs. Malti Jhaveri and all the legal heirs of her husband Late Mr. Shreepal Jhaveri as well as the beneficiaries under the Second Will dated 31.03.2011 have executed Consent Terms dated 16 th November 2022 in respect of the above proceedings.
7 The Consent Terms marked 'X' tendered by the Learned Advocate for the Plaintiff has been signed by the Plaintiff and the Advocate for the Plaintiff as well as by Defendant Nos.1 and 10 to 17 and the Advocate for Waghmare 6/17
7.S.130.20 wt...doc Defendant Nos.1 and 10 to 17. The signatories to the Consent Terms are present in Court.
8 I am satisfied that the Consent Terms are in order, not contrary to law, and have been drawn by the parties of their own volition in reflection of their true intentions.
9 Late Mrs. Malti Jhaveri and Mr. Divyesh Parikh jointly held scripts in Demat Account bearing DP ID No.IN300513 and Client ID No.20242168 with Sharekhan Ltd. i.e. Defendant No.9 in Suit No.130 of 2020. They also jointly held Accounts in State Bank of India (Defendant No.2) being Savings Bank Account bearing No. 67159023316 with State Bank of India, Fort Branch, Wadia Building, M.G. Road, Mumbai - 400 001 ('SBI Account'), Bank of Baroda (Defendant No.7) being Savings Bank Account bearing No. 04080100015673 with Bank of Baroda, Napean Sea Road Branch, Swapna Lok, L.J. Marg Mumbai- 400 026 ('BOB Account') and Central Bank of India (Defendant No.8) being Savings Bank Account bearing No. 3211328157 with Central Bank of India, Gowalia Tank Branch, Warden Court, 79/81 August Kranti Marg, Mumbai - 400 036 ('CBI Account') along with Fixed Deposit Receipts as detailed below. These scripts, accounts and fixed deposit receipts form part of the estate of Late Mr. Shreepal Jhaveri as set out in Testamentary Petition Waghmare 7/17
7.S.130.20 wt...doc No.999 of 2021. By an Order dated 21.01.2022, this Court has granted probate of the same. The Parties to the Consent Terms have agreed on the manner in which the estate shall be distributed and giving effect to the Second Will dated 31.03.2011. Accordingly, necessary directions are being passed for Sharekhan Ltd. (Defendant No.9), State Bank of India (Defendant No.2), Bank of Baroda (Defendant No.7) and Central Bank of India (Defendant No.8) to give effect to the distribution under the Second Will in the manner agreed in the Consent Terms.
10 Sharekhan Ltd. i.e. Defendant No.9 shall immediately upon passing of this Order transfer the scripts held in the Demat Account bearing DP ID no.IN300513 and Client ID no.20242168, to the beneficiaries and their respective accounts as mentioned below:
TOTAL Sr. Name of ISIN SHARES NUMBER OF SHARES TO BE TRANSFERRED TO BELOW MENTIONED BENEFICIARY No Company HELD IN AND DETAILS OF THEIR ACCOUNTS DEMAT ACCOUNT Rajesh Siddharth Sonal Swati Nilesh Nergis alias Rinita Antana Kapadia Shrenik Divyesh Mehta Nargis Gaurav Vijaykuma Verghese Jhaveri Parikh Parikh r Doshi DEMAT:
DEMAT- DEMAT : BHH DEMAT : DEMAT :
UNION DEMAT: DEMAT:
HDFC SECURITIES AXIS KOTAK
BANK OF HDFC Bank HDFC Bank,
Bank PVT LTD, CDSL SECURITI SECURIT
INDIA,
DEPOSITORY ES LTD. IES LTD.
CDSL,
DP ID :
DP ID: IN30021
DP ID- DP ID: DP ID:
BO ID : BO ID: IN304295 4,
IN301549 IN300476 13012400
130259000 120522000001 CLIENT ID CLIENT
Client ID- Client ID: Client ID:
1454748 9951 : ID:
64106032 40364980 06302760
29861128 2716713
4
INE
1 CASTROL 172A010 20,000 5000 3,750 3,750 3,750 1,250 1,250 1,250
27
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TOTAL
Sr. Name of ISIN SHARES NUMBER OF SHARES TO BE TRANSFERRED TO BELOW MENTIONED BENEFICIARY
No Company HELD IN AND DETAILS OF THEIR ACCOUNTS
DEMAT
ACCOUNT
Rajesh Siddharth Sonal Swati Nilesh Nergis alias Rinita Antana
Kapadia Shrenik Divyesh Mehta Nargis Gaurav Vijaykuma Verghese
Jhaveri Parikh Parikh r Doshi
INE
2 COAL INDIA 522F010 5,000 1250 937 937 937 313 313 313
14
INE
3 COLGATE 259A010 8,000 2000 1,500 1,500 1,500 500 500 500
22
INE
4 EXIDE 3021010 105000 26250 19,688 19,688 19,688 6,562 6,562 6,562
20
INE
GLAXO
5 159A010 5,000 1250 935 935 935 316 313 316
PHARMA
16
INE
6 HDFC BANK 040A010 15,000 3750 2,810 2,810 2,810 941 938 941
34
INE
7 HUL 030A010 129390 32346 24,261 24,261 24,261 8,087 8,087 8,087
27
INE
8 HDFC 001A010 25,000 6250 4,687 4,687 4,687 1,563 1,563 1,563
36
INE
9 MRF 883A010 295 74 56 56 56 18 17 18
11
INE
10 NESTLE 239A010 35,000 8750 6,560 6,560 6,560 2,189 2,192 2,189
16
INE
ORACLE FIN
11 881D010 1,420 355 266 266 266 89 89 89
SERVS
27
INE
P&G HEALTH
12 179A010 8,000 2000 1,500 1,500 1,500 499 502 499
AND HYGIENE
14
TATA INE
13 CONSUMER 192A010 10,000 2500 1,875 1,875 1,875 625 625 625
PRODUCTS 25
INE
14 TCS 467B010 5,000 1250 937 937 937 313 313 313
29
INE
15 TITAN 280A010 5,000 1250 938 938 938 312 312 312
28
INE
16 CEETA INDS 760J010 100 25 18 18 18 7 7 7
12
TOTAL 94,300 70,718 70,718 70,718 23,584 23,583 23,584
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11 Simultaneously with the above, the following Fixed Deposit
Receipts held with erstwhile State Bank of Travancore now State Bank of India, Fort Branch, Wadia Building, M.G. Road, Mumbai - 400 001 i.e. Defendant No.2 shall be liquidated forthwith upon passing of this Order and the monies shall be credited to the SBI Account:
a) Account No.67387169927
b) Account No.57294792309
c) Account No.57294792547
d) Account No.67279309536
e) Account No.67184631879
f) Account No.67184631620
g) Account No.67229691795
h) Account No.57326489903
i) Account No.67184150786 12 Simultaneously with the above, the following Fixed Deposit Receipts held with Central Bank Gowalia Tank Branch, Warden Court, 79/81 August Kranti Marg, Mumbai - 400 036 i.e. Defendant No.8, as set out below shall be liquidated forthwith upon passing of this Order and the monies shall be credited to the CBI Account:
a. Account No.3254052753 b. Account No.3213908000 c. Account No.3213908533 d. Account No.3218065711 Waghmare 10/17
7.S.130.20 wt...doc e. Account No.3211377885 f. Account No.3211413372 g. Account No.3211413962 13 Bank of Baroda i.e. Defendant No.7, is directed to transfer from the BoB Account (i) a sum of Rs.1 crore directly to the account of Sri Ramakrishna Ashrama, Triveni, Indore Road, Ujjain, Madhya Pradesh - 456 006 being State Bank Of India, S.B.Account No: 10574419581, Branch: Nanakheda, Ujjain, 13/1, Mahakal Vanijya Kendra, Ujjain, IFSC : SBIN0030288; (ii) a sum of Rs.1 crore directly to Tata Memorial Centre being Central Bank of India, Branch TMH, Parel, Mumbai - 400 012, Account No.1002449683, IFSC:
CBIN0284241; and (iii) Rs.4,00,00,000/- directly to the account of Mr. Rajesh Kapadia being HDFC Bank, Chowpatty Branch, S.B.A/c No.12011570002069, Account Holder Rajesh Kantilal Kapadia and Roopa Rajesh Kapadia. 14 Upon liquidation of the Fixed Deposit Receipts with State Bank of India i.e. Defendant No.2, State Bank of India shall transfer from the SBI Account a sum of Rs. 2,50,14,039/- directly to the account of Mr. Rajesh Kapadia being HDFC Bank, Chowpatty Branch, S.B.A/c No.12011570002069, Account Holder Rajesh Kantilal Kapadia and Roopa Rajesh Kapadia. Waghmare 11/17
7.S.130.20 wt...doc 15 After making the above payments, Central Bank of India, State Bank of India and Bank of Baroda, shall transfer all remaining balances lying with them to Second Will Beneficiaries in the below mentioned ratio and to the below mentioned accounts:
Sr. No. Name Percentage of cashBank Account Details to be transferred from the balance cash in the Bank Accounts
1. Siddharth 25% UNION BANK OF INDIA, Shrenik Jhaveri MUMBAI SAMACHAR MARG, MUMBAI 23 IFS CODE: UBIN0531791, ACCOUNT NO:
317902012026166
2. Smt. Swati 25% HDFC BANK, L.D. RUPAREL Nilesh Mehta MARG BRANCH, IFS CODE: HDFC0000625, ACCOUNT NO:
50100249725422
3. Smt. Sonal 25% BANK: HDFC BANK, L.T. Divyesh Parikh MARG BRANCH, IFS CODE: HDFC0000143, ACCOUNT NO:
01431000045495
4. Mrs. Nergis 8.33% BANK: STATE BANK OF alias Nargis INDIA, KEMPS CORNER Gaurav Parikh BRANCH, IFS CODE: SBIN0006994, ACCOUNT NO:
10162791515
5. Mrs. Rinita 8.34% BANK: AXIS BANK FORT Vijay Doshi BRANCH, MUMBAI alias Rinita IFS CODE: UTIB0000004, Vijaykumar ACCOUNT NO:
Doshi 918010031428607
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6. Mrs. Antana 8.33% BANK : AXIS BANK ,
Eapen Verghese MADHAPUR BRANCH,
alias Antana HYDERABAD,
Verghese IFS CODE: UTIB0000553,
ACCOUNT NO:
920010041554832
In the event of any discrepancies with respect to any amount to be transferred from the balance cash lying with the Bank accounts to the Second Beneficiaries, the same shall be resolved mutually between the Second Will Beneficiaries and it is agreed between the Second Will Beneficiaries that the Banks being Defendant No.2, 7 and 8, shall act upon written instructions from M/s. N.N. Vaishnawa & Co., Advocates 16 Any charges, costs, expenses that may have to be borne for the purposes of the aforementioned bequests / transfers shall be borne by the person receiving the respective bequest / transfer. 17 The parties agree and confirm that the interim orders dated 12.07.2021 passed in the Interim Application shall continue to operate, qua the Plaintiff (Rajesh Kapadia), Defendant No.1 (Divyesh Parikh) and Defendant Nos.10 to 17, till the transfer of the monies and shares as directed above in clauses 10 to 15 are completed. Upon completion of the transfers in favour of Plaintiff and Defendant nos. 12 to 17, the Advocates of the Plaintiff and the Waghmare 13/17
7.S.130.20 wt...doc Advocates of Defendant No.1 shall address a joint letter to all the Banks and Sharekhan Ltd. confirming the same with a request to the Banks and Sharekhan Ltd. to close the accounts and thereafter order dated 12.07.2021 shall stand vacated.
18 The Parties hereto undertake to withdraw all complaints made by them against each other to Banks, Depositories or any Authorities etc. In view of the withdrawal of all complaints, IDBI Bank Ltd. (Defendant No.3) and National Co-operative Bank Ltd. (Defendant No.6) are directed to forthwith de-
freeze and restore normal operations of the following Accounts: Account No. 0131053121300 held with IDBI Bank and Account No. 003001500000066 held with National Co Op Bank.
19 The parties undertake to this Hon'ble Court to co-operate with and assist each other to ensure the terms agreed under this agreement are complied with and fulfilled and acted upon by the Banks and the Sharekhan Ltd (the depository).
20 The undertakings as contained in the Consent Terms are accepted as undertaking to this Court.
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7.S.130.20 wt...doc 21 The Suit is disposed of and decreed in accordance with the Consent Terms.
22 Interim Applications filed in the captioned Suit, no longer survives and is disposed of in view of the disposal of the Suit. 23 Drawn up decree / order is dispensed with unless the parties seek drawn up decree / order, in which case they are entitled to apply. 24 A soft copy of the Consent Terms will be uploaded as the second order in the matter.
25 The Registry to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.
26 Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. Waghmare 15/17
7.S.130.20 wt...doc 27 With respect to Testamentary Petition No.999 of 2021 filed by Mr. Divyesh Parikh for probate of Will dated 31.03.2011 of Late Mr. Shreepal Jhaveri:
a) By an Order dated 21.01.2022, this Court has granted probate of the Second Will dated 31.03.2011. The distribution of estate covered under the probate granted to the Petitioner in Testamentary Petition no. 999 of 2021 shall stand amended in line with what is agreed in Suit No.130 of 2020.
b) Subject to above directions contained in sub clause (a) herein, Miscellaneous Petition (L) No. 16474 of 2022 filed by Mr. Rajesh Kapadia stands dismissed as withdrawn with no order as to costs.
c) Interim Application No.19477 of 2022 is also disposed of in view of disposal of Miscellaneous Petition (L) No. 16474 of 2022.
28 With respect to Testamentary Petition No.2682 of 2021 filed by Mr. Rajesh Kapadia for probate of Will dated 17.07.2019 of Late Mrs. Malti Jhaveri:
a. The Learned Advocate appearing for the Petitioner i.e. Mr. Rajesh Kapadia has sought leave to amend a part of Schedule I of Exhibit 'C' of Testamentary Petition No.2682 of 2021 in accordance with Consent Terms dated 16th November 2022. b. Draft Amendments to amend a part of Schedule I of Exhibit 'C' of Testamentary Petition No.2682 of 2021 i.e. to delete the entries from Sr. Nos.145 to 167 of the Schedule and replace the same with the entries mentioned in the draft amendments, are tendered by the Waghmare 16/17
7.S.130.20 wt...doc Learned Advocate for the Petitioner and taken on record and marked 'Y' for identification.
c. Accordingly, Testamentary Petition No.2682 of 2021 shall stand amended in terms of the draft amendments marked as 'Y' for identification. The Petitioner shall carry out the necessary amendment in the Petition forthwith. Re-verification is dispensed with.
d. The Caveators being Caveator / Respondent nos.1 to 5 in Testamentary Petition No.2682 of 2021 withdraw Caveat (L) No.29909 of 2021 dated 18.12.2021 and agree and submit that they have no objection of any nature to probate being granted of the Will dated 17.07.2019 of Late Mrs. Malti Jhaveri. Consent Affidavits have been executed by the Legal heirs / beneficiaries / family members of late Mr. Shreepal Jhaveri i.e. (i) Mr. Siddharth Shrenik Jhaveri (ii) Smt. Swati Nilesh Mehta (iii) Smt. Sonal Divyesh Parikh (iv) Mrs. Nergis alias Nargis Gaurav Parikh (v) Mrs. Rinita Vijay Doshi alias Rinita Vijaykumar Doshi, (vi) Mrs. Antana Eapen Verghese alias Antana Verghese, (vii) Mr. Shrenik Jhaveri and (viii) Mr. Gaurav Parikh giving their consent to grant Probate to Mr. Rajesh Kapadia of the Will of Late Mrs. Malti Jhaveri dated 17.7.2019 as per the amended Petition and the Petitioner is permitted to file the same with the Registry. Accordingly, Caveat (L) No.29909 of 2021 stands dismissed as withdrawn with no order as to costs. 29 Certified copies of this Order to be expedited. All parties to act on an authenticated copy of the Order.
(R.I. CHAGLA, J.) Digitally signed by WAISHALI Waghmare 17/17 WAISHALI SUSHIL SUSHIL WAGHMARE WAGHMARE Date:
2022.11.21 17:02:52 +0530