Manoj Bharat Kishore Gupta v. Shashibala Bharat Kishore Gupta
Case brief
What is this about?
Consent mediation referral in a Bombay High Court testamentary/family dispute (TP 1120/2024, Milan Bharat Gupta v. Ila Bharat Gupta; Suit 95/2024 with caveats and allied IAs): Justice S. J. Kathawalla (former Judge, Bombay High Court) appointed sole Mediator; interim restraint on withdrawals/transfers from the account pending mediation save for Defendant No. 1's usual-course requirements; US-based defendants to join mediation by video conferencing; mediation costs split 50:50 between Plaintiff and Defendants; Defendant No. 2's separate probate petition propounding the Will of Bharat Kishore Gupta noted; delay in filing written statements of Defendant Nos. 1 and 2 condoned by consent; IA 726/2025 and IA(L) 5254/2025 allowed and disposed of; Bench: Arif S. Doctor, J.; no statute or precedent cited; order later modified by order dated 11-03-2025.
What did the court decide?
Parties consented to mediation; Justice S. J. Kathawalla, former Judge of the Bombay High Court, appointed sole Mediator for all disputes in Suit No. 95 of 2024 and Testamentary Petition No. 1120 of 2024; Defendants residing in the United States (other than Defendant No. 1, aged 83) to participate through video conferencing; Mediator's costs borne 50% by the Plaintiff and 50% by the Defendants; until mediation is pending, no withdrawals/transfers from the account except amounts required by Defendant No. 1 in the usual course; delay in filing written statements of Defendant Nos. 1 and 2 condoned by consent and taken on record; Interim Application No. 726 of 2025 and Interim Application (L) No. 5254 of 2025 allowed and disposed of.