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2012 Supreme(Bom) 1822

D.Y.CHANDRACHUD, A.A.SAYED
Ferani Hotels Pvt. Ltd. – Appellant
Versus
Nusli Neville Wadia – Respondent


Advocates Appeared:
For the Applicant:Dr. A.M. Singhvi, Sr. Advocate with Anil Sakhare, Sr. Advocate, S.U. Kamdar, Sr. Advocate, Vivek A. Vashi, Zubin Behramkamdin, Rook Ray, Ms. Kanika Sharma & Ms. Alija Khan i/by Bharucha & Partners, Advocates.
For the Respondent:Navroz Seervai, Sr. Advocate with Mahesh Jethmalani, Sr. Advocate, Venkatesh Dhond, Sr. Advocate, Rohan Kelkar, Shrikant Doijode, Parag Kabadi, Ms. Falguni Thakkar, Hersh Acharya & Ms. Gunjan Mangala i/by Doijode Associates, Advocates.

Judgment

1. The Appeal, in which the Chamber Summons has been taken out, arises from a decision of a learned Single Judge dated 15 December 2010 dismissing a Miscellaneous Petition seeking : (i) revocation or annulment of an order dated 20 November 2003 authorizing and permitting the Respondent to continue as an Administrator of the estate of E.F. Dinshaw; and (ii) the appointment of a fit and proper person as an Administrator. The appeal has been admitted and is placed on board for hearing and final disposal. The Chamber Summons has been taken out under Order XLI, Rule 27 of the Code of Civil Procedure, 1908 (`the Code') for allowing the Appellant to produce additional evidence consisting of fifteen documents of which a list has been appended as a schedule to the Chamber Summons.

2. When the Chamber Summons came up for hearing on 1 August 2012, this Court noted in its order that save and except for a bald averment in paragraphs 13 and 15 of the affidavit-in-support to the effect that the Appellant had come in possession of "certain crucial information" subsequent to the dismissal of the Miscellaneous Petition, no basis had been indicated to establish [as required by Order XLI, Rul










































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