Bombay High Court
Mr. Nanak S. Ghatalia vs Swati Shatischandra Ghatalia ... on 18 August, 2021
Author: G.S. Patel
Bench: G.S. Patel
22-NMT-247-2018-IN-CSTL-78-2016.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION NO. 247 OF 2018
IN
CHAMBER SUMMONS (L) NO. 78 OF 2016
IN
MISCELLANEOUS PETITION NO. 70 OF 2015
IN
TESTAMENTARY PETITION NO. 815 OF 2019
Nanak S Ghatalia ...Petitioner
Versus
Swati Satishchandra Ghatalia ...Caveatrix
WITH
INTERIM APPLICATION (L) NO. 7385 OF 2020
IN
MISCELLANEOUS PETITION NO. 70 OF 2015
AND
Digitally
signed by
ARUN
INTERIM APPLICATION (L) NO. 4100 OF 2020
ARUN RAMCHNDRA
RAMCHNDRA SANKPAL
SANKPAL Date:
2021.08.20
10:41:26
IN
+0530
MISCELLANEOUS PETITION NO. 70 OF 2015
WITH
INTERIM APPLICATION (L) NO. 7992 OF 2020
IN
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18th August 2021
22-NMT-247-2018-IN-CSTL-78-2016.DOC
MISCELLANEOUS PETITION NO. 70 OF 2015
WITH
INTERIM APPLICATION (L) NO. 4100 OF 2020
IN
MISCELLANEOUS PETITION NO. 70 OF 2015
WITH
INTERIM APPLICATION (L) NO. 7385 OF 2020
IN
MISCELLANEOUS PETITION NO. 70 OF 2015
WITH
NOTICE OF MOTION NO. 132 OF 2016
IN
MISCELLANEOUS PETITION NO. 119 OF 2015
WITH
TESTAMENTARY PETITION NO. 457 OF 2014
WITH
MISCELLANEOUS PETITION NO. 119 OF 2015
IN
TESTAMENTARY PETITON NO. 457 OF 2014
WITH
CHAMBER SUMMONS NO. 72 OF 2014
IN
TESTAMENTARY NO. 457 OF 2014
WITH
TESTAMENTARY PETITION NO. 457 OF 2014
Page 2 of 8
18th August 2021
22-NMT-247-2018-IN-CSTL-78-2016.DOC
WITH
MISCELLANEOUS PEITTION NO. 119 OF 2015
IN
TESTAMENTARY PETITION NO. 457 OF 2014
WITH
NOTICE OF MOTION NO. 132 OF 2016
IN
MISCELLANEOUS PETITION NO. 119 OF 2015
WITH
MISCELLANEOUS PETITION NO. 26 OF 2017
IN
TESTAMENTARY PETITION NO. 815 OF 2009
WITH
NOTICE OF MOTION NO. 52 OF 2017
IN
MISCELLANEOUS PETITION NO. 26 OF 2017
WITH
NOTICE OF MOTION NO. 52 OF 2017
IN
MISCELLANEOUS PETITION NO. 26 OF 2017
WITH
NOTICE OF MOTION NO. 7 OF 2019
Mr Nanak Ghatalia, Petitioner, present in person.
Mr Rohaan Cama, i/b Sapna Raichure, for Respondent No. 3.
Page 3 of 8
18th August 2021 22-NMT-247-2018-IN-CSTL-78-2016.DOC Mr Devan S Ghatalia, Respondent, is present. Mr Gouresh C Mogre, for Respondents Nos. 1A to 1C in MPT/70/2015 in TP/815/2009.
Ms Priyanka Kothari, Amicus Curiae, is present.
CORAM: G.S. PATEL, J DATED: 18th August 2021 PC:-
1. This follows my order of 12th August 2021.
2. Mr Nanak Ghatalia has sent an email listing the pending matters. It is his suggestion that one particular Notice of Motion No. 247 of 2018 be heard on priority. I am bearing that in mind. Ms Kothari, learned Amicus, has prepared a tabulation of the various pending matters. I am taking this tabulation on record for future reference and marking it "K1" for identification with today's date.
3. As the table shows, we are concerned with two estates. One is the estate of the parties' father, the late Mr SV Ghatalia. The other set of matters relates to the estate of the parties' mother, the late Ms Urmila S Ghatalia.
RE: ESTATE OF THE LATE MR SV GHATALIA:
4. As regards the estate of the late Mr SV Ghatalia, Probate has already been issued.Page 4 of 8
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5. Miscellaneous Petition No. 70 of 2015 is filed by Nanak Ghatalia for removal of Devan Ghatalia and Harshad Sheth as co- executors.
6. There is a cross Miscellaneous Petition No. 26 of 2017 filed by Harshad Sheth and Devan Ghatalia for the removal of Nanak Ghatalia as one of the executors of the father's estate.
7. Evidently, these are cross Miscellaneous Petitions. They will be taken up together and disposed of by a common order.
8. There is also an Interim Application by Swati Ghatalia for settlement and disclosure of accounts.
9. There is another Interim Application (L) No. 2536 of 2020 by Devan Ghatalia for disclosure of accounts and some praecipe for speaking to the minutes.
10. The Applications for disclosure of accounts will be a consequential direction at the time of disposal of the two Miscellaneous Petitions and appropriate directions will be considered at that time.
RE: THE ESTATE OF THE LATE MS URMILA GHATALIA:
11. Here, Mr Nanak Ghatalia's Testamentary Petition No. 457 of 2014 is pending for Probate.
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12. Swati Ghatalia has filed a Notice of Motion No. 7 of 2019 seeking a restoration of a Chamber Summons. That Chamber Summons was dismissed for default on 30th October 2018. The Chamber Summons is to condone a delay in filing her Caveat. There is a question of whether that Caveat could even be said to be within time --there is a previous order that I made on 24th June 2015 with an observation that Ms Swati Ghatalia is statutorily barred from filing the Caveat. I am told that that order has been sustained in Appeal. Whether, therefore, this Motion is at all maintainable will have to be considered.
13. In this Testamentary Petition regarding the late Ms Urmila Ghatalia's estate, there is a Miscellaneous Petition No. 119 of 2015 filed by Devan Ghatalia and Harshad Sheth to remove Nanak Ghatalia as an executor.
14. There is also a Notice of Motion No. 247 of 2018 filed by Mr Ghatalia to lift a stay on the issuance of Probate.
15. Finally, there is a Notice of Motion No. 132 of 2016 by the Devan Ghatalia to appoint an administrator of the estate of the late Ms Urmila Ghatalia.
16. The fate of the Testamentary Petition for Probate of the late Ms Urmila Ghatalia's Will necessarily depends on the outcome of the various other proceedings. Mr Nanak Ghatalia's Motion No. 247 of 2018 to lift the stay on issuance of Probate will need to be heard along with Swati Ghatalia's Motion for restoration. I am not Page 6 of 8 18th August 2021 22-NMT-247-2018-IN-CSTL-78-2016.DOC specifying any particular sequence. All these matters will be taken up together. So will Devan Ghatalia's and Harshad Sheth's Petition for removal of Nanak Ghatalia from executorship.
17. Devan Ghatalia's Motion for appointment of an administrator of Urmila Ghatalia's estate will necessarily depend on the outcome of these other proceedings. For instance, if the stay on Probate is lifted, and Swati Ghatalia does not succeed in her application for restoration and the Miscellaneous Petition for removal of Nanak Ghatalia fails, then there is no question of appointment of an administrator of the estate.
18. Again, all these applications and proceedings regarding the mother's estate will receive a common order. I do not think it is possible to segregate the hearing into various applications, simply because the facts overlap almost entirely regarding the rival contentions for each estate.
GENERAL
19. Nanak Ghatalia's email note is taken on record and marked "G1" for identification with today's date.
20. I have already previously directed that Ms Kothari will circulate her note by 3rd September 2021. She will file it with the Registry as well. At this stage, I will not permit written responses to Kothari's note. If these are required at a later stage, I will give parties sufficient time.
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21. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production of a digitally signed copy of this order.
(G. S. PATEL, J) Page 8 of 8 18th August 2021