Bombay High Court
Percy Minocher Karani And 4 Ors vs Sujata Adi Mulla And Anr on 12 June, 2019
Author: A.K. Menon
Bench: A.K. Menon
1-MPT-5-14.doc
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.5 OF 2014
IN
TESTAMENTARY PETITION NO.1806 OF 2012
Percy Minocher Karani and Ors. .... Petitioners
V/s.
Sujata Adi Mulla and Anr. .... Respondents
Mr. Shilpan Gaonkar, with Ms. Krishna Borkute, Mr. Subodh Kurdukar and
Ms. Kajal Malkan, I/by M/s. Kurdukar Associates, for the Petitioners.
Mr. Balkrishna Shetty, with Ms. Roshan D'sa, for Respondent No.1.
Mr. Arif Doctor, with Ajara D. Bagwe, I/by M/s. Mulla & Mulla & CB & C, for
Respondent No.2.
Ms. Shonali Kedar Dighe, the Administrator of estate of late Homi Piroshaw
Karani, is present.
CORAM : A.K. MENON, J.
DATED : 12 TH JUNE, 2019. P.C. :
1. Heard learned counsel for the parties.
2. The respondent No.1 has relied upon an unsigned statement of expenses stated to be of Rs.40,91,837/-. Since the statement of expenses has 1/3 ::: Uploaded on - 14/06/2019 ::: Downloaded on - 14/06/2019 22:38:14 ::: 1-MPT-5-14.doc been disputed by the petitioners and respondent No.2, the respondent No.1 relies upon various documents, originals of which have been filed along with affidavits.
3. Since there are multiple affidavits and multiple documents, today, by consent of the parties, it was submitted that (i) the letter dated 20 th February 2016 addressed to the Administrator, along with compilation of documents,
(ii) affidavits dated 26th February 2016, and 12th August 2017, 1st April 2019 and 16th April 2019, along with the annexures thereto; (iii) statements of account are the only documents that respondent No.1 relies upon to establish her case that a sum of Rs.40,91,837/- has been spent for the purpose of medical requirements of the deceased. In addition, there is an affidavit, which is dated 11th June 2019, which is also relied upon by Mr. Shetty in support of his claim that respondent No.1 had incurred expenses. Since there are original invoices, bills and other documents, which the respondent No.1 relies upon, learned counsel for the petitioners and respondent No.2 are desirous of inspecting the originals before any submissions are made.
4. In that view of the matter, it is directed that all the parties desirous of taking inspection of these documents shall take inspection on Saturday, the 15th June 2019 in the court at 12 Noon.
5. All the parties are directed to keep ready with them their submissions 2/3 ::: Uploaded on - 14/06/2019 ::: Downloaded on - 14/06/2019 22:38:14 ::: 1-MPT-5-14.doc as to admission or denial of these documents and reasons for such denial, if any. Meanwhile it will be open to the parties to make enquiries with the authors of those invoices and bills and certificates, if they so desire.
6. S.O. to 26th June 2019.
(A.K. MENON, J.) 3/3 ::: Uploaded on - 14/06/2019 ::: Downloaded on - 14/06/2019 22:38:14 :::