3-TS-17-2021 IN TP-2694-2019 WITH TP-4171-2019.DOC

Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

TESTAMENTARY SUIT NO. 17 OF 2021

IN

TESTAMENTARY PETITION NO. 2694 OF 2019

Mayur Mangaldas Kothari

…Plaintif

Versus

Uttank Vinayak Vora & Anr

...Defendants

IN

TESTAMENTARY PETITION NO. 471 OF 2019

Uttank Vinayak Vora & Anr

…Petitioners

And

Neeraj Vinayak Vora

...Deceased

Mr Karl Tamboly, with Ms Ishani Paradkar & Ms Darla Dmello, i/b

Nityoah Suneel &

Associates, for the Plaintiff

Mr Ganesh K Gole, with

Ashutosh Shukla, i/b

Arif

Alia, for the

Defendantf

CORAM: G.S. PATEL, J

DATED:

10th March 2021

PC:-

1.

On instructions, and in view of the fact that the Testamentary

Petition for Letters of Administration at the instance of a secured

creditor is not maintainable, Mr Tamboly seeks leave to withdraw

Page 1 of 2

10th March 2021

Atul G.

Kulkarni

Digitally signed

by Atul G.

Kulkarni

Date:

2021.03.11

10:29:22 +0530

3-TS-17-2021 IN TP-2694-2019 WITH TP-4171-2019.DOC

the Testamentary Petition and consequently the Testamentary Suit.

The Testamentary Petition and Testamentary Suit are dismissed as

withdrawn.

2.

However, this is without prejudice to the Petitioner's

substantive recovery civil suit being Summary Suit No. 1148 of 2019

that is already being fled and which is pending, and also without

prejudice to all interim or other applications in that proceedings.

3.

Court fees to be refunded in accordance with the Rules. For

the purposes of Section 43 of the Maharashtra Court Fees Act and

the proviso to that Section, today’s date is the date of making a

claim for repayment. The Prothonotary & Senior Master will issue a

certifcate for a refund of Court Fees computed according to the

Rules. He will act on production of an authenticated copy of this

order without requiring a separate application.

4.

This order will be digitally signed by the Private Secretary of

this Court. All concerned will act on production of a digitally signed

copy of this order.

(G. S. PATEL, J)

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10th March 2021