Bombay High Court
Karan Thackeray And Anr vs Manisha Dineshkumar Popat And Anr on 21 October, 2021
Author: R.I. Chagla
Bench: R.I. Chagla
34-IAL-17102-21.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO. 17102 OF 2021
IN
CAVEAT (L) NO. 8142 OF 2021
IN
TESTAMENTARY PETITION NO. 1156 OF 2020
Mr. Karan Thackeray ...Applicant
In the matter between
Mr. Karan Thackeray ...Petitioner
Mrs. Manisha Dineshkumar Popat ...Caveator/
Respondent
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Mr. Anupam Surve a/w Ms. Ashwini Podalkar i/by India Law
Alliance for the Applicant/Petitioner.
Mr. Tejas Bhattacharya h/f Rosita Fernandes for the Caveator.
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CORAM : R.I. CHAGLA J
DATE : 21 October 2021
SHARAYU
PANDURANG
KHOT
ORDER :
Digitally signed by SHARAYU PANDURANG
1. Heard learned Counsel for the parties. KHOT Date:
2021.10.22 16:49:20 +0530
2. Learned Counsel for the Petitioner states that in the 1/3 34-IAL-17102-21.doc Interim Application taken out by the Petitioner, it is stated in paragraph 7 that notwithstanding the said will of the deceased dated 16th October 2011, the deceased did not adequately provide for his estranged spouse i.e. the Caveator/Respondent. In the said proceedings, the Applicant/Petitioner has agreed to pay the entire net estate of the deceased to the Caveator/Respondent including Indian assets which are subject matter of the Petition. The Respondent is under obligation to assist the Petitioner by giving consent to grant Letters of Administration in favour of the Petitioner so as to enable the Caveator/Respondent to realize the Indian assets which are the subject matter of the Petition.
3. Learned Counsel for the Petitioner states that the Probate of the said will has been granted by the U.K. Court and it has been recorded by the U.K. Court on 15th January 2020 "Upon the Claimant agreeing to take all reasonable steps to assist the Defendant to realise the outstanding estate assets ". However, the Caveator/Respondent has prevented the Petitioner from grant of the Letters of Administration inspite of the Caveator's terms being settled upon the grant. 2/3
34-IAL-17102-21.doc
4. Learned Counsel for the Respondent/Caveator requires to take instructions and has accordingly, sought adjournment.
5. The Interim Application which is for rejection of the Caveat fled by the Respondent in the Petition is adjourned to 28th October 2021.
[R.I. CHAGLA J.] 3/3