2025:BHC-OS:25064

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA

TRUSHATUSHAR

TUSHARMOHITE TESTAMENTARY AND INTESTATE JURISDICTION

MOHITE Date:

2025.12.17 18:18:40

+0530

INTERIM APPLICATION (L) NO.9547 OF 2025

IN

TESTAMENTARY PETITION NO.892 OF 2008

Veera Feroze Polishwala & Anr. .. Applicants

IN THE MATTER BETWEEN:

Feroze N. Polishwala

(since deceased)

And

Veera Feroze Polishwala & Ors. .. Petitioners

Ms.Nerissa Almeida i/b Mr..S.Khushrushahi, Advocate for the

Applicants

CORAM: FIRDOSH P. POONIWALLA, J.

DATE: DECEMBER 16, 2025

P. C.

1. This Interim Application has been filed seeking discharge of one Jimmy Darasha Bamboat as an Executor under Section 301 of the Indian Succession Act 1925 and also to permit the Applicants to amend Schedule 1 of Petition No.892 of 2008 as per the Schedule of Amendment at Exhibit ‘C’ along with other consequential amendments to the body of the Petition and seeking that the Grant of Probate dated 9^th April 2009 be amended

accordingly.

2. The Applicants are two executors of the last will and testament dated 28^th October 1999 of the deceased Feroze N. Polishwala. Along with the Applicants, one Jimmy Darasha Bamboat is also the Executor of the said Will. The Applicants are seeking discharge of said Jimmy Darasha Bamboat as the Executor as he is not able to perform his duties as an Executor. The said Jimmy Darasha Bamboat, though served, has not remained present.

3. Considering the old age and ill health of Jimmy Darasha Bamboat, he is discharged as an Executor.

4. Further, the Applicants also seek amendment of the Petition and the grant of Probate dated 9^th April 2009 to include certain shares which came to their knowledge after the grant of the probate. Those shares have been listed in the Schedule of Amendment at Exhibit ‘C’ to the Interim Application.

5. For the reasons stated in the Application, the Application will be required to be allowed. Hence, the Application is allowed in terms of prayers (a) and (b), which read as under:

“a. This Hon'ble Court discharge Jimmy Darasha Bamboat as an Executor under Section 301 of the Indian Succession Act, 1925.

b. That we may be permitted to amend the Schedule I of Petition No. 892 of 2008 as per the Schedule of Amendment at Exhibit 'C', along with other consequential amendments to the total, and the body of the Petition and that the Grant of Probate dated

9th April 2009 be amended accordingly.”

6. There will be no order as to costs.

[FIRDOSH P. POONIWALLA, J.]