Kamlesh Himmantlal Shah and Ors. vs Jaswantlal Mohanlal Khandar and Ors. — Bombay HC (2026) — LawSathi Research

Kamlesh Himmantlal Shah and Ors. vs Jaswantlal Mohanlal Khandar and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Procedural directions only: (i) Court Receiver granted four weeks to prepare an appropriate report on the application by the legal representative of 13 workers for release of amounts payable to the deceased workers; stand over to 26 February 2026; (ii) Chartered Accountant directed to compute the amount payable to the applicant under the Will of the deceased considering his employment with only Enar Foundation Research Centre, report to be filed on or before 16 March 2026; stand over to 17 March 2026.

Issue for consideration

Release of amounts payable to the deceased workers: preparation of an appropriate report by the Court Receiver on the application made by the legal representative of 13 workers for release of the amount payable to the deceased workers. +1 more

Court's answer

Time of four weeks was granted to the Learned Court Receiver to prepare an appropriate report as regards the application made by the legal representative of 13 workers for release of the amount payable to the deceased workers, with the matter stood over to 26 February 2026.

Ratio / Principle

The court recorded that both counsel agreed that at the time when the succession opened, the applicant was an active employee with Enar Foundation Research Centre, and took this consensus into account.

Key takeaways

The Chartered Accountant is directed to compute the amount which would be payable to the applicant under the Will of the deceased by taking into consideration his employment with only Enar Foundation Research Centre.ratio¶¶30
The report of the Chartered Accountant was directed to be filed on or before 16 March 2026, and the Interim Application was stood over to 17 March 2026.ratio¶¶36

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Sharmila U. Deshmukh, J., February 05, 2026 — Interim Application (L) No.26698 of 2022 in Miscellaneous Petition No.149 of 2016, with Court Receiver's Report No.66 of 2024. The Chartered Accountant's report (placed on record per order dated 27 November 2025) concluded that the applicant was in active employment with both Enar Chemie Private Limited and Enar Foundation Research Centre at the time of the death of the deceased. As both counsel agreed that, when the succession opened, the applicant was an active employee of Enar Foundation Research Centre alone, the Chartered Accountant was directed to compute the amount payable to the applicant under the Will of the deceased taking into consideration his employment with only Enar Foundation Research Centre; the report is to be filed on or before 16 March 2026 and the matter stands over to 17 March 2026. Separately, the Court Receiver was granted four weeks to prepare a report on the application by the legal representative of 13 workers for release of the amount payable to the deceased workers; stand over to 26 February 2026. Procedural order; no statute or precedent cited; no monetary figure stated.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION (L) NO.26698 OF 2022 IN MISCELLANEOUS PETITION NO.149 OF 2016

Harivadan Mohanbhai Maisuria

...Plaintiff/ Petitioner

Versus

Kamlesh Himmantlal Shah & Ors

...Defendants/ Respondents

WITH COURT RECEIVER’S REPORT NO.66 OF 2024

IN

MISCELLANEOUS PETITION NO.149 OF 2016

AMOL PREMNATH JADHAV

Digitally signed by AMOL PREMNATH JADHAV Date: 2026.02.12 21:00:03 +0530

Kamlesh Himmantlal Shah & Ors ...Plaintiff/ Petitioner

Versus

Jaswantlal Mohanlal Khandar & Ors ...Defendants/ Respondents

Mr Tejas Vora, with Adv. D. R.Mishra, for the Petitioner. Ms. Tanya patankar, i/b, Rahul Shirgavkar for the Applicant. Ms. S. Chipkar Master & Adm. Court Receiver, High Court of Bombay, present.

——————

CORAM : SHARMILA U. DESHMUKH, J.

DATE : February 05, 2026

P. C. :

Amol Jadhav

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49-906-ial-26698-2022++.doc

COURT RECEIVER’S REPORT NO.66 OF 2024

1. Learned Court Receiver seeks time of four weeks to prepare an appropriate report as regards the application made by legal representative of 13 workers for release of the amount payable to the deceased workers.

2. Stand over to 26^th February , 2026.

INTERIM APPLICATION (L) NO.26698 OF 2022

3. As per order dated 27^th November, 2025, the report of the Chartered Accountant is placed on record. The conclusion of the report is that the applicant was in active employment with Enar Chemie Private Limited and Enar Foundation Research Centre at the time of the death of the deceased.

4. An objection has been taken by Mr. Vora, learned Counsel appearing for the Original Petitioner, that the applicant was an employee of Enar Foundation Research Centre at the time when the succession opened. The said fact is not disputed by Ms. Patankar learned Counsel appearing for the applicant. Considering that both the counsel agree that at the time when the succession opened, the applicant was an active employee with Enar Foundation Research Centre, the Chartered Accountant is directed to compute the amount which would be payable to the applicant under the Will of the

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Amol Jadhav

49-906-ial-26698-2022++.doc

deceased by taking into consideration his employment with only Enar

Foundation Research Centre.

5. The report of the Chartered Accountant to filed on or before 16^th March, 2026.

6. Stand over to 17^th March, 2026 .

[SHARMILA U. DESHMUKH, J.]

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Amol Jadhav