Allowed

Shernaz Faroukh Lawyer and Anr. v. Manek Dara Sukhadwalla and Ors.

Bombay HC28 Jul 2022CRR/275/2021

Case brief

AI extract

What is this about?

The Court allowed an Administrator's report requesting directions to accept a full and final settlement of Rs. 10,66,200 from Tata Power Company Limited and to receive vacant possession of Outhouse No.1. All parties consented to the request, and the Court ordered the payment, property handover, and discharge of the Court Receiver.

What did the court decide?

Direct payment of Rs. 10,66,200; handover of vacant possession of Outhouse No.1; discharge of Court Receiver without passing accounts.

Shernaz Faroukh Lawyer and Anr. Vs Manek Dara… — Succession and Inheritance | Bombay HC (2022)

¶1

Digitally signed SWAROOPSHARAD by SWAROOPSHARADPHADKE PHADKE Date: 2022.07.2819:34:18 +0530

¶2

1 crr 275 of 2021.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION REPORT NO.1 OF 2022 IN

¶4

TESTAMENTARY SUIT NO.29 OF 2012
WITH

¶5

COURT RECEIVER’S REPORT NO.275 OF 2021

¶6

…
Shernaz Faroukh Lawyer and Anr. Plaintiffs
Versus
Manek Dara Sukhadwalla and Ors. ...Defendants

¶7

Ms. Taruna Nagpal i/by DSK Legal, for Plaintiffs.

¶8

Ms. Rehmat Lokhandwala i/by PAN India Legal Services for Defendant No.1.
Mr. Manish Bohra for Defendant Nos.4 and 5.

¶9

Ms. Soniya Putta with Ms. Meetali Mendhe, Mr. Agastya Srrinivasan i/by
Administrator – Estate of Late Mr. Purvez Burjor Dalal.

¶10

Mr. H.N.Vakil i/by M/s. Mulla and Mulla and Craigie Blunt and Caroe, for Tata
Power Company Ltd.

¶11

Mr. S.K.Dhekale, Court Receiver, present.

¶12

CORAM: N.J.JAMADAR, J.

¶13

DATE:28th JULY, 2022

¶14

P.C.:

¶15

1. Mr. J.S.Solomon, Administrator of the Estate of Mr. Purvez Burjor

¶16

Dalal, appointed in Testamentary Suit No.29 of 2022, has filed this report seeking the

¶17

following directions :

¶18

“(a) that this Hon’ble Court may be pleased to issue directions on whether the Administrator can accept from the Tata Power Company Limited INR 10,66,200 in full and final settlement pursuant to the order dated 30th March, 2021 passed in Report No.1 of 2020;

¶19

(b) that this Hon’ble Court may be pleased to direct the Court

¶20

SSP 1/3

¶21

1 crr 275 of 2021.doc

¶22

Receiver, High Court, Bombay, to handover to the Administrator vacant
possession of Outhouse No.1 in the property at 50-F situate at Gopalrao
Deshmukh Marg (Peddar Road), Mumbai – 400 026 and thereafter,
discharge the Court Receiver, High Court, Bombay, appointed under Order
dated 30th March, 2021 passed in Report No.1 of 2020 without passing
accounts;”

¶23

2.By an order dated 30th March, 2021 the person who was in the
occupation of Out House No.1, was directed to vacate the said premises not later than
31st May, 2021.

¶24

3.The Court Receiver, who is present in the Court, informs the Court that
the possession of the said Outhouse No.1 was taken on 1st June, 2021.

¶25

4.A separate Court Receivers’s Report No.275 of 2021 is filed by the Court
Receiver reporting compliance of the order passed by this Court on 30th March, 2021.

¶26

5.The learned Counsel for the Plaintiffs and Defendants submit that they
have no objection to issue directions as sought by the learned Administrator.

¶27

6.In paragraph No.16 of the report, the Administrator has furnished break
up of the amount of Rs.10,66,200/- which has been arrived at as the amount to be paid
by Tata Power Company Limited towards full and final settlement of the claim of the
Administrator, pursuant to an order dated 30th March, 2021 passed in Report No.1 of
2020.

¶28

7.The learned Counsel for the Tata Power Company Limited submits that

¶29

SSP 2/3

¶30

1 crr 275 of 2021.doc

¶31

the said Company would pay the said amount of Rs.10,66,200/- to the Administrator
within a period of two weeks.

¶32

8.The learned Counsel for the Plaintiffs and Defendants submit that they
have no objection to either accept the said amount from Tata Power Company Limited
or the possession of Outhouse No.1 in the property at 50-F, Gopalrao Deshmukh
Marg, Mumbai – 400 026 being handed over to the Administrator, by the Court
Receiver.

¶33

9.In view of the above, the Administrator’s Report No.1 of 2022 stands
allowed in terms of Prayer clauses (a) and (b) extracted above.

¶34

10.Tata Power Company Limited shall pay an amount of Rs.10,66,200/- to
the Administrator within two weeks from today.

¶35

1.The Court Receiver shall handover possession of Outhouse No.1 in the
property at 50-F, Gopalrao Deshmukh Marg, Mumbai – 400 026 to the Administrator
on ‘as is where is basis’.

¶36

12.Upon handing over the said property, the Court Receiver shall stand
discharged without passing accounts, subject to payment of his costs, charges and
expenses.

¶37

13.The Administrator’s Report as well as Court Receiver’s Report
accordingly stand disposed.

¶38

( N.J.JAMADAR, J. )

¶39

SSP

Shernaz Faroukh Lawyer and Anr. v. Manek Dara Sukhadwalla and Ors.

Case brief

What is this about?

What did the court decide?

Shernaz Faroukh Lawyer and Anr. v. Manek Dara Sukhadwalla and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shambhaji Keshav Gayakwad and 9 Ors. Vs M/S.Patheja Forgings and Auto Parts Manugacturers Ltd.

The Board of Mumbai Port Authority Vs Sale Proceeds of Vessel M v Pfs Courage

The Board of Mumbai Port Authority Vs Sale Proceeds of the Vessel M.V. Pfs Brave

Pannalal Manicklal Trading Company Pvt. Ltd. Vs Liberty Tea Company (a.a. Group) and Ors.

Ashutosh Anant Pature Vs Panvel Taluka Police Station and Anr.

Aurobindo Pharma Limited Vs Nyk Theseus (Imo No. 9356701) and 2 Ors.