1 s-6951-99 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 6951 OF 1999. Nitin Shrikant Shirwadkar. ..Plaintiff. vs. Mrs. Shila Shrikant Shirwadkar. ..Defendant. WITH CONTEMPT PETITION NO. 29 OF 2005 IN CONTEMPT PETITION NO. 81 OF 2004 IN NOTICE OF MOTION NO. 3916 OF 1999 IN SUIT NO. 6915 OF 1999. Nitin Shrikant Shirwadkar. ..Petitioner. vs. Mrs. Shila Shrikant Shirwadkar. ..Respondent. WITH TESTAMENTARY SUIT NO. 81 OF 2002 IN TESTAMENTARY PETITION NO. 159 OF 2002 Bhupendrabhai M. Gandhi & Anr. ..Plaintiffs. vs. Nitin Shrikant Shirwadkar. ..Defendant. WITH TESTAMENTARY SUIT NO. 32 OF 2003 IN TESTAMENTARY PETITION NO. 524 OF 2002 Mrs. Shila Shrikant Shirwadkar. ..Plaintiff. vs. Nitin Shrikant Shirwadkar. ..Defendant. .... Mrs. Alisha R. Lambay, i/b. Lambay & Co. for Plaintiff in Suit No. 6951 of 1999. Mr. Pankaj Kawli, i/b. M/s. Shantilal & Co., for Defendant in Suit No. 6915 of 1999. Mr. P.M. Shah, for Plaintiffs in TS Nos.81/2002. 2 s-6951-99 Mr. Nitin Shirwadkar, present in person. Mrs. Shila Shirwadkar, present in person. Mr. Bhupendra Gandhi, Administrator, present in person. .... CORAM : S.J. KATHAWALLA, J. DATE : 6TH DECEMBER 2010. P.C. For the sake of convenience, Mr. Nitin Shrikant Shirwadkar is referred to as the “Plaintiff” and Mrs. Shila Shrikant Shirwadkar is referred to as the “Defendant” in this order. 2. The following order is passed by consent of the parties : (i) The property being office premises bearing No.106, Rex Chambers, Walchand Hirachand Marg, Ballard Estate, Mumbai-400 038 (office premises), shall be the sole and exclusive property of the Plaintiff. The Defendant shall co-operate in executing all the necessary documents for the purpose of getting the said office premises transferred in the name of the Plaintiff. (ii) The Defendant shall pay an amount of Rs. 30,00,000/- (Rupees Thirty Lacs Only) to the Plaintiff within a period of six months from today. For this purpose, the Defendant is allowed to sell her flat being flat No. 14, Nirmal Kunj, D.V. Chidambaram Marg, Sion, Mumbai-400 028. However, the Defendant shall before executing the final sale deed inform the Plaintiff of the same and shall in the sale deed provide that an amount of Rs.30,00,000/- shall be paid directly by a pay order to be issued by the purchaser to the Plaintiff. (iii) The property being flat/bungalow at Baad Tikka II Village, Baad Hobli, Karwar Taluka, Uttar Kannada District, Karwar (Karwar property) shall be the sole and exclusive property of the 3 s-6951-99 Defendant and the Plaintiff shall have no right, title and/or interest of any nature whatsoever in the Karwar property. The Plaintiff shall co-operate in executing all the necessary documents for the purpose of getting the said Karwar property in the name of the Defendant. (iv) The Plaintiff as well as the Defendant shall open the locker standing in the name of the deceased Mr. Shrikant Shirwadkar in the Bank of India, Sion Branch, on 13th December 2010 at 11.00 a.m. and shall after opening the locker or getting the locker opened by the Bank, make an inventory of the valuables and divide the said valuables or the sale proceeds of the valuables between the Plaintiff and the Defendant equally. (v) The amounts lying in Account Nos. 5543 and 14659 in the Bank of India and Account No. 1859 of the Central Bank of India, Ballard Pier, shall be withdrawn and shared equally by the Plaintiff and the Defendant. (vi) The concerned bank officials shall extend all co- operation to the parties in implementing clauses (iv) and (v) above. (vii) The Defendant shall not claim any right in flat No. 13 at Nirmal Kunj, D.V. Chidambaram Marg, Sion, Mumbai-400 028, of which the Plaintiff is the owner. (viii) Parties shall co-operate with one another to release the flat and/or sale proceeds pertaining to the flat no. D-21 at Sion Kamgar Society. The amount, if any, realised from the said flat shall be shared by the Plaintiff and the Defendant equally. (ix) Save and except the above arrangement, the Plaintiff shall not have any claim of whatsoever nature qua the estate of the deceased Mr. Shrikant Shirwadkar set out in Exhibit-B to Suit No. 6951 of 1999 and his deceased daughter Ms. Ujwal Shirwadkar set out in the Schedule to the probate proceedings. However, if any assets which are not mentioned in Annexure -B to the Suit No.6951 4 s-6951-99 of 1999 or in the Schedule to the Probate Petition are traced in future by either the Plaintiff or the Defendant they shall disclose the same to each other and the same shall be divided equally between the Plaintiff and the Defendant. 2. In view of the above consent order, all the above proceedings i.e. Suit No.6951 of 1999, Contempt Petition No. 29 of 2005 and Testamentary Suit Nos. 81 of 2002 and 32 of 2003 in Testamentary Petition Nos. 159 of 2002 and 524 of 2002, stand disposed of. [ S.J. KATHAWALLA, J. ]