So far as the judgment in the case of Dinar Rashid
Wadia 2 (supra) is concerned, the learned Single Judge was
pleased to make observations in the said judgment in the
light of the facts of the said case and the question which the
Court was asked to answer was about the existence or non-
In the Division Bench Judgment of this Court in Lyla Darius
Jehangir v. Bankhtawar Lentin & Ors.1, though the Division
Bench has noticed the observations made by Pratt J. in
Vithal Das Cursondas (supra), it has also considered the
observations made by the learned Single Judge in Rama Aziz
Parpia (supra) and in para 11, the Division Bench has
1 2007(1) Bom.C.R.915
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observed that the proceedings highlighted by the learned
Single Judges of this Court in the case of Vidhtaldas
Cursondas and Rama Aziz Parpia (supra) appear to us to be
sound.
1 AIR 2004 BOMBAY 159
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There cannot be any dispute regarding the ratio of the
judgment in the case of Mazda Theatres Limited (supra).