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2015 Supreme(Bom) 120

S.J.KATHAWALLA
Ramesh Jairamdas Jaising – Appellant
Versus
Bansi Jairamdas Jaising – Respondent


Advocate Appeared
For the Petitioner:Janak Dwarkadas, Senior Advocate, along with Cyrus Ardeshir, R.J. Dwarkadas, Mukharjee, instructed by M/s. Wadia Ghandy & Co., Advocates.
For the Respondent:R1 & R2, Thakkar, instructed by M/s. Thakkar & Company, for Rajan Jaising, B.K. Barve, instructed by Bagwe, R5, Lopa Joshi, instructed by Vandana Jaising, Gaurav Mehta, instructed by M/s. Husseini Doctor, for Intellicon Pvt. Ltd., Bansi Jaising, Ravi Jaising, Seema Khan, Advocates.

ORDER

1. One Ms. Jaiwantiben Jairam Jaising passed away on 26th January, 2002 (deceased”) leaving behind her last Will and Testament dated 13th December, 1997 (“the said will”). Respondent No. 1 – Bansi Jairamdas Jaising and his son Respondent No. 2 – Ravi Bansi Jaising were the executors appointed under the said will of the deceased. The present Petition is filed by one of the beneficiaries/legatees under the said Will seeking removal/discharge/suspension of Respondent Nos. 1 and 2 as executors of the said Will in view of the facts and circumstances more particularly set out in the Petition, for appointment of another executor in place and instead of Respondent Nos. 1 and 2 and for other reliefs more particularly prayed for therein. Respondent Nos.3 to 6 are the beneficiaries / legatees under the said Will and are supporting the Petitioner.

2. Pursuant to the directions of this Court, Respondent No.1 – Bansi Jaising filed his affidavit dated 7th January, 2015, setting out details pertaining to the management of the estate of the deceased by Respondent Nos. 1 and 2 in their capacity as the executors of the last will. In the said affidavit, Respondent No. 1 – Bansi Jaising had stated




















































































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