2025:BHC-OS:21387-DB JVS IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION (L) NO. 29 OF 2019 Sunil Shantisarup Gupta & Anr. } Petitioners versus Jimmy Phirojsha Avasia & Ors. } Respondents None for the Petitioners.

Mr. Fredun Devitre, Senior Advocate with Mr. Jehaan Mehta, Ms. Naira Jeejeebhoy, Mr. Murtuza Federal and Mr. Aaroha Kulkarni i/b. Federal & Co. for Respondent Nos. 1, 2 & 3.

Mr. Vishal B. Thadani, Additional Government Pleader for Respondent Nos. 10, 11, 12, 14 & 15 (State).

CORAM: SHREE CHANDRASHEKHAR, CJ. &

GAUTAM A. ANKHAD, J.

DATE: 13^th NOVEMBER 2025 P.C.:

On 6^th March 2019, the following order was passed by a Division Bench of this Court: -

“. Learned counsel for the Petitioners expressed inability to argue and sought adjournment. Request was opposed by Respondent Nos. 1 to 3 who claim that the matter is frivolous and must be dismissed. 2. We have accordingly heard learned senior counsel for the Respondents.

3. Though Petitioners in paragraph No. 2 state that it is not a Public Interest Litigation, they are seeking a relief in which they have no personal interest and is of general nature, Registry to therefore register the matter as Public Interest Litigation and place it before appropriate Bench.”

2. From the proceedings in this Public Interest Litigation (PIL), we observe that this petition was not prosecuted by the petitioners after 6^th March 2019. The petitioners are seeking a direction to the Charity Commissioner, Maharashtra to implead all probate applicants and the plaintiffs in testamentary suits instituted by the respondent nos. 1 to 3. The petitioners are also seeking an investigation to be caused by the Commissioner of Police not below the rank of Joint Commissioner of Police into the affairs where the strangers are posing themselves as beneficiaries of the properties which were left by the persons belonging to Parsi community. In this petition, the petitioners have made several allegations of forgery of documents and misappropriation of properties worth Rs. 200 crores. There are personal allegations made against some of the respondents. The petitioners do not claim that they are parties to any litigation with the private persons who are arrayed as the party-

respondents in the present proceeding.

3. We are conscious that the petitioners are not present in the Court and they are not represented through their counsel but we are inclined to make some observations on the basis of pleadings in this PIL. This petition, which makes serious allegations against the individuals and claims that forgery was committed and certain persons misappropriated Rs. 200 crores is an example of abuse of the process of the Court. The petitioners have not even produced a copy of the order passed in the Testamentary Suit No. 29 of 2012. This PIL is based on vague and hazy facts and that is clear from the averments made in paragraph nos. 3, 14 and 16 which are extracted hereinbelow: -

“3. The Parsi community India, a community which is dwindling in numbers, which had more than a lakh a decade ago is reduced to a mere 40,000 as of date, is predominantly concentrated in South Mumbai. Parsis in India, though a miniscule in number, in terms of their contribution to economy trade, commerce, industry, high ranking professions and service to humanity can have probably only one parallel, namely, the Jewish community. Parsis are the most educated and most advanced in all human development indexes and are the richest community in the country. Their average per capita income and wealth is many many times better than that of an average Indian. The Parsi women has the highest of literacy; they have carved a niche for themselves in all walks of life, but in terms of birth rate the lowest ever in the world. The aforesaid positive things have one unseen adverse impact, namely, many well educated and rich Parsis leave for their heavenly abode without any descendants and often without even any Wil