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3. At the outset, both the learned Advocates have drawn my attention to the order dated 04.09.2020 passed by this Court in Interim Application No. 1 of 2020 in the present suit. In that Interim Application, Applicants - Plaintiffs sought directions to the Court Receiver to open the Ajanta Flat and permit M/s. Buhariwala Logistics 2 of 14

16. IA 1045-22.doc to inspect the artifacts, sculptures, paintings, books, wall-hangings and other valuable items of the deceased Dr. Mulk Raj Anand, a well known personality, writer, author for the purpose of estimating the amounts of package and transporting the said valuables to Indira Gandhi National Centre of Arts, New Delhi (IGNCA) and also to handover the said articles to M/s. Buhariwala Logistics for transporting the same at the cost and expenses of IGNCA. By the said order, prayer clause (a) was granted by this Court, inter alia, directing the Court Receiver to open the Ajanta flat and permit the packers and mover, M/s. Buhariwala Logistics to inspect the inventory. In so far as the other prayers were concerned, this Court directed the Court Receiver to file a response from IGNCA. Other directions were also passed regarding repairs of the said flat.

4. The Court Receiver thereafter addressed a letter to IGNCA and sought its response. Initially IGNCA requested 2-3 months time to consider the same. However, till date no response has been received from IGNCA. Interim Application No. 1 of 2020 is therefore still pending. Thereafter, Covid crept in and due to lack of manpower on account of Covid, the office of the Court Receiver was unable to take any steps for implementing prayer clause (a) which was granted vide order dated 04.09.2020. It is also submitted by the Applicant that the society dues in respect of the Ajanta flat are mounting and 3 of 14

10. Undoubtedly, validity of the said Will dated 13.07.1999 of late Dr. Mulk Raj Anand is the subject matter of the pending Testamentary Suit No. 14 of 2010. However, all parties before me 10 of 14

16. IA 1045-22.doc today who are parties in the said Testamentary Suit are ad idem that as per the desire and wishes of late Dr. Mulk Raj Anand, the aforementioned items from the movables / inventories be donated to IGNC for being displayed by them in his memory according to his last wishes as desired and set out in his Will dated 13.07.1999. It needs to be noted that IGNCA has not responded to the Court Receiver's letters at all. Though the parties are ad idem that the above articles are required to be moved to IGNCA in accordance with the last wish and desire as set out in the Will dated 13.07.1999, it is not sure whether IGNCA is ready to accept the same or otherwise. Though there is order dated 04.09.2020 directing the Court Receiver to prepare the entire inventory which has been done, the question is whether IGNCA is ready and wiling to accept the same if the same are transported by M/s. Buhariwala Logistics and taken to Delhi. Costs also will have to be borne by IGNCA. Record indicates that one of the parties namely Katie Dubey had by letter dated 06.09.2019 addressed to the Director (Library & Information) of IGNCA informed the said Director that the painting and artifacts of late Dr. Mulk Raj Anand shall be packed and transported to the centre at New Delhi by M/s. Buhariwala Logistics and the cost will have to be incurred and paid by IGNCA to the packers. In response to the said letter, there is an email communication received from the Director to Katie Dubey that IGNCA will be happy to incur the transportation costs subject to the parties 11 of 14

16. IA 1045-22.doc paying the packers in advance and thereafter raising a bill on IGNCA or if the packers agree to receive payment after delivery. It needs to be mentioned here that the movable estate is an extremely valuable estate and unless the recipient i.e. IGNCA has conveyed its acceptance to accept the said movables at its costs, it will not be prudent to allow the transporter i.e. packers and movers M/s. Buhariwala Logistics to move out the said movables to IGNCA unless confirmed by IGNCA in writing and the packer is also agreeale to transport the same. Considering this position, Court Receiver, High Court, Mumbai is directed to speak to the Director / Chairman of IGNCA at New Delhi once again and give a letter in writing / or by email along with copy of this order and seek appropriate response from IGNCA on the same. If IGNCA is ready and willing to accept the movable items as given in the detailed inventory report as per the last wish of late Dr. Mulk Raj Anand at it costs, then and only then the said movable items be allowed to be transported and moved out of the subject Ajanta flat. The Court Receiver shall open the flat and supervise the loading and transportation of the movables to IGNCA. In the interregnum, if IGNCA does not wish to accept the same, the Court Receiver is directed to make an appropriate report for moving the said packaged items to an alternative place at the costs of the parties for the purpose of safe storage. This is so because until the subject paintings and artifacts are moved out of the subject Ajanta flat, repairs of the flat 12 of 14