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Bombay High Court

Sana Shiraz Moloobhoy vs Jeannie Jamshed Madan on 8 August, 2025

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                          P1-LPETNL-24960-25.doc

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

                                      LEAVE PETITION (L) NO. 24960 OF 2025


                   Sana Shiraz Moloobhoy                                   ...Petitioner

                             Versus

                   Jeannie Jamshed Madan and Anr.                          ...Respondents

                                                      ----------
                   Mr. Shanay Shah a/w Ms. Trishi Pant i/by Kaystone Partners for the
                   Petitioner.
                                                      ----------

                                                     CORAM : R.I. CHAGLA J

                                                       DATE        : 8 August 2025

                   ORDER :

1. Matter is mentioned. Not on board. Taken on board.

2. By Praecipe bearing today's date, the learned Advocate for the Petitioner states that the Petitioner is a resident of United SHARAYU PANDURANG KHOT Kingdom and has obtained a certificate of apostille for the Plaint, Digitally Interim Application and Clause XII Petition to be filed by her before signed by SHARAYU PANDURANG KHOT Date:

2025.08.11 18:27:38 +0530 the Notary public in Surrey, England. The certificate has been annexed at Exh.A to the Praecipe. An objection has been raised by 1/4 ::: Uploaded on - 11/08/2025 ::: Downloaded on - 15/08/2025 23:05:56 ::: P1-LPETNL-24960-25.doc the Registry with regard to filing of the apostilled Plaint, considering that it is bound and sealed with exhibits altogether comprising of 1874 pages. The filing department has directed that the Plaint ought to be segregated into compilations.

3. The learned Advocate for the Petitioner states that Plaint is bound together by seal and hence, not feasible for the Petitioner to segregate it into volumes.

4. Accordingly, direction has been sought to either dispense with the requirement of segregation of the apostilled documents consisting of Plaint, exhibits or permit the Petitioner to lodge a copy of the Plaint duly certified by an authorised Notary as a true copy, being a replica of the duly apostilled Plaint, together with a fresh set of the exhibits similarly certified as true copies. This true copy set can then be split into volumes as per the filing requirements.

5. The learned Advocate for the Petitioner states that the Petitioner undertakes to keep the original Plaint as bound with the apostille certificate available to be produced as and when so directed by this Court.

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6. Further direction is sought to serve the Respondents a photocopy of the true copy of the Plaint as per paragraph 3(b) of the Praecipe.

7. Considering the direction sought by the learned Advocate for the Petitioner as well as the fact that the Plaint and exhibits running into several pages, i.e. 1874 pages, which has been apostille before the Notary public in Surrey, England and cannot be segregated as it is already bound by seal, the Registry shall permit the Petitioner to lodge the copy of the Plaint duly certified by an authorised Notary as a true copy, being a replica of the duly apostilled Plaint, together with a fresh set of the exhibits similarly certified as true copies. This true copy shall be split into volumes as per filing requirements.

8. The Petitioner is permitted to serve the said true copy upon its filing on the Respondents.

9. The undertaking of the Petitioner to keep the original Plaint as bound with the apostille certificate available to be produced as and when so directed by this Court is accepted. 3/4 ::: Uploaded on - 11/08/2025 ::: Downloaded on - 15/08/2025 23:05:56 :::

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10. Praecipe is accordingly, disposed of.

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