1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION Chamber Summons No.32 of 2011 in Misc. Petition No. 95 of 2009 Amrish Rahnikant Kilachand & Others .. Petitioners v/s. Hiralal Chandulal Shah .. Respondents Mr. Karl Tamboly with Natasha Bopaish i/b. Bharucha & Partners for the Petitioners. Mr. Gautam Patal i/b. Tyabji Dayabhai for the Respondent No.4 and Applicant in Chamber Summons Mr.A.B.Kapadia i/b. Dapthary Ferreira & Diwan for the Respondent Nos.5, 9 and 14 Mr.Arun Siwach & Mishita Sethi i/b. Amarchand & Mangaldas for the Respondent Nos.10,11 and 12 Not on Board. Taken on board. CORAM : R.Y.GANOO, J. DATED : 30th August, 2011 P.C. : 1. Heard learned Counsels appearing on both sides. The court was informed that while granting the Probate, Mr.Hiralal C. Shah, Deepak J. Shukla and Mrs. Srimati Kilachand were appointed as Executors. 2 As of today, Hiralal and Mrs. Srimati K. Jain have expired and Mr.Deepak J. Shukla was relieved as Executor by an order of the Court sometime in November 2001. As a result of that there remained nobody to administer the estate. It will also have to be stated that Mr. A.P.Yagnik, after his retirement as Prothonotary & Senior Master was appointed as Executor to administer the estate. He is also no more. Since no person was in position to act as Executor, the present petitioner Mr. Amrish R. Kilachand and Mrs, Ramila R. Kilachand filed Misc. Petition No.95 of 2008 so that a proper person can be appointed as Administrator. The said Misc. Petition No.95 of 2009 is pending. During the pendency of the said petition, the respondent no.4 by name Harsh Rajnikant Kilachand has filed this Chamber Summons and has prayed that four persons named in as per prayer clause (a) of the Chamber Summons be appointed as Administrators. 2. After having considered the scope of the present Chamber Summons it is noticed that when the main Misc. petition No.95 of 2009, by which the appointment of certain persons as Administrator is sought, there is no need for this court to entertain this Chamber Summons 3 which is seeking relief similar to the one sought in Misc. Petition No.95 of 2009 being the main proceeding. 3. It is in this circumstances, if at all the respondent no.4 Harsh has some suggestion to make, and/or to reply to Misc. Petition No.95 of 2009, he is free to file additional affidavit putting up his additional points so that Misc. Petition No.95 of 2009 can be heard on merits. 4. After hearing this explanation made by the court, learned counsel appearing on behalf of Mr. Harsh, who has taken out this Chamber Summons No.32 of 2009 prays for withdrawal of this Chamber Summons with liberty to file additional affidavit. Chamber Summons is allowed to be withdrawn. Harsh is permitted to file additional affidavit. If any third person who has desire to file additional affidavit in reply to the Misc. Petition No.95 of 2009 he is free to do so. All questions raised in Misc. Petition No.95 of 2009 are kept open. There shall be no order as to costs. 5. Misc. Petition No.95 of 2009 to come up in due course. 4 6. Counsels on both sides inform the court that as of today only main proceeding i.e. Misc. Petition No.95 of 2009 is pending. Same to come up in due course. [R.Y.GANOO, J.]