Disposed

Savitri Devi Kabra v. Saroj Harinaryan Karwa and 5 Ors.

Bombay HC7 Sept 2016NMS/22/2016

Case brief

AI extract

What is this about?

Order in a Notice of Motion fixing a date for final hearing and dispensing with bringing amounts to Court, instead requiring defendants to file an affidavit disclosing share transfers and sales proceeds under the Plaintiff's account.

What did the court decide?

Defendants directed to file affidavit on 3rd October 2016 disclosing amounts received and share transaction details in lieu of bringing money to Court.

Savitri Devi Kabra Vs Saroj Harinaryan Karwa and 5… — Execution and Attachment | Bombay HC (2016)

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7-S-3-2016.DOC

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VIKRANT

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 22 OF 2016

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IN

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SUIT NO. 3 OF 20016

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Savitri Devi KabraApplicant/
Orig.Plaintiff
In the Matter of
Savitri Devi Kabra…Plaintiff
Versus
Mrs. Saroj Harinaryan Karwa and Others.…Defendants

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Mr. S.U.Kamdar, Senior Advocate, a/w Mr. Karl Tamboly, Ms.
Saheda Madraswala i/b. M/s. Bharucha & Partners, for the
Applicant/Plaintiffs.

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Mr. V. R. Dhond, Senior Advocate, a/w Shyam Kapadia i/b. Arun
Panicker, for Defendant No.6.

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Ms. Snehal Shah,a/w Niket Jain i/b. M/s. Vigil Juris, for Defendants
Nos. 1 to 4.

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CORAM:G.S. PATEL, J
DATED:27th September 2016

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PC:-

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1.The Notice of Motion is to be finally heard. The record is
(somewhat excessively) complete. No Sur-Sur-Rejoinder is to be
filed in the Registry. Whether or not the Sur-Rejoinder will be taken
into account will be decided later.

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Page 1 of 2
27th September 2016

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7-S-3-2016.DOC

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2.In modification of the previous order, and since the Appeal
Court has directed an expeditious hearing of the Notice of Motion,
rather than requiring the contesting Defendants to bring back the
amounts into Court, it will be sufficient if those Defendants file a
statement disclosing the amounts having received from the
Plaintiff’s account, the shares that were transferred from her Demat
account and how they have further transacted with those shares
(specifically: whether they have transferred those shares between
themselves or have sold them; and, if they have been sold, then the
consideration or amounts received against such sales). This
statement is to be filed on Affidavit by Monday, 3rd October 2016.

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3.The Advocates for the Plaintiff will give the Advocates for the
contesting Defendants inspection of all documents referred to and
relied upon in the Plaint and in the various Affidavits filed by the
Plaintiff and the 6th Defendant. Inspection will begin on 30th
September 2016 at the offices of the Advocates for the Plaintiff and
will continue on 1st October 2016, if necessary. I am making this
provision in respect of inspection by both the Plaintiff and the 6th
Defendant since the 6th Defendant is supporting the Plaintiff. The
other Defendants will give the Plaintiff and the 6th Defendant
inspection of the documents referred to in their Affidavits from
Monday, 3rd October 2016 onward at a mutually agreed venue.

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4.Matter to be listed at the end of the supplementary board for
hearing and final disposal on 6th October 2016.

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(G. S. PATEL, J.)

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Page 2 of 2
27th September 2016

Savitri Devi Kabra v. Saroj Harinaryan Karwa and 5 Ors.

Case brief

What is this about?

What did the court decide?

Savitri Devi Kabra v. Saroj Harinaryan Karwa and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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