1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.47 OF 2008 IN SUIT NO.4 OF 2008 Smt. Ranjana Chibbar ...Plaintiff Vs. Radhika Mehta Arora & Ors. ...Defendants Mr.Rahul Narichania i/b. B. Amin & Co. for Plaintiff Mr. Yashodhan Divekar i/b. Divekar & Co. for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 18 TH OCTOBER, 2008 P.C. 1. This is an administration Suit. The Plaintiff is the sister of Defendant No.1. The Plaintiff claims a ½ share in the assets of her deceased father. The deceased father had 2 flats one being Flat No.902 at Ajanta Apartment, Colaba, Mumbai and the other being Flat No.6A at Hill Side, Carmichael Road, Mumbai- 400 026. 2. The father left behind several movables essentially by way of large amounts in shares, mutual funds and bank accounts and certain D'objects d'art. The Defendant has claimed the amounts under the unregistered Deeds of Gift 2 gifted to her. These gift deeds are challenged in the Suit. The Defendant has also been in control of certain Portfolio Accounts, Asset Management Accounts and Bank Accounts listed in prayer (c ) of the Notice of Motion. The Defendant who is present in Court instructs her Advocate to state that she shall give the Plaintiff information of all these accounts except the Savings Bank Account with Central Bank of India, Peddar Road Branch because the Manager of the Bank is not co-operating with her. 3. There are certain art collections consisting of antique pieces left by the deceased. It has been the case of the Defendant that some of the antique pieces have been allegedly thieved from her residence where she lived with her father which is Flat No.6A, at Hill Side, Carmichael Road, Mumbai- 400 026. A complaint in that behalf is filed. That complaint has been prosecuted and investigated. 4. The Plaintiff has made a list of the items of articles stated to be given to the Plaintiff by her father in an affidavit filed on 29 th December, 2006 in Suit No.52 of 2006. The Plaintiff cannot sell, or dispose off any of those articles. 5. The Plaintiff claims to have a list of all the art collections as specified in prayer clause (a)(vi). Though the Defendant is 3 directed to disclose all the movables that she claims from her father's estate, the Defendant has given the list of the allegedly stolen items but not the items which are actually in the flat where she resides. 6. The Advocate on behalf of the Defendant upon taking instructions from the Defendant states that the Court Receiver may make an inventory of these articles. 7. Hence, the following order: 1. The Court Receiver is appointed, Receiver in respect of the flat No.6A, at Hill Side, Carmichael Road, Mumbai- 400 026. 2. The Court Receiver shall allow the Defendant to reside in the flat without payment of any royalty or security. 3. The Defendant shall continue to pay the rent and other charges. 4. The Court Receiver shall make an inventory of all the movables in all rooms of the suit flat. 5. The parties agree to get the meeting fixed with the Court Receiver for the purpose of taking inventory at the suit flat at 5.00 p.m nn Monday i.e., on 20 th 4 October,2008. 6. The Defendant shall give xerox copies of the Gift Deeds as well as the documents showing the investment made of each of the items mentioned in prayer clause (a) (i) to (v) as well as in prayer clause ( c) from (i) to (viii). 7. The Plaintiff shall also be entitled to make inquiries from each of the Companies in which the Portfolio Accounts or the Asset Management Accounts are maintained to obtain statements of the Account initially of the deceased and thereafter controlled by the Defendant. 8. The Plaintiff shall also be entitled to obtain the statement of bank accounts of the banks mentioned in Clause (c ) (viii), (a), (b), ( c ) and (d). 9. The Plaintiff shall also be entitled to write to the Companies in which the deceased as well as she had shares for ascertaining the extent of dividends payable. 10. The Managers of the above mentioned banks shall issue statements of accounts certified under the Bankers' Book Evidence Act of the Savings Bank 5 Account mentioned in prayer (viii) (a), (b), ( c) and (d) to both the parties. 11. The Defendant shall not create any 3rd party rights, sell, transfer or dispose off the flat in her possession. 12. The Defendant shall not in any manner utilise or expend any amounts from any of the Asset Management Accounts or from any bank accounts of the father or any other sums received from the father under the Gift Deeds shown by the Defendants or otherwise. 13. The Plaintiff shall not sell or dispose of any of the antique pieces given to her by the deceased. 14. Court Receiver shall act upon the copy of this order authenticated by the Associate of this Court with regard to the appointment for inventory. (SMT. ROSHAN DALVI, J.)