1 nms2972-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2872 OF 2009 IN SUIT NO.2030 OF 2009 Yohaan Paresh Shah .. Plaintiffs Vs. Paresh Vasanji Shah and Anr. .. Defendants Mr.J.P. Sen a/w Ms.Neeta Solanki for the plaintiffs CORAM : S.C.Dharmadhikari, J. DATE : December 10, 2010 P.C. : 1. Heard Mr.Sen appearing for the plaintiffs. My attention is invited by Mr.Sen to the ad interim order passed on 14.9.09 in this Notice of Motion. 2 nms2972-09 2. He submits that this order was passed after hearing both sides and this court did not grant any ad interim relief in the light of the declarations made by the defendant no.1 Mr.Sen submits that the suit is filed by the plaintiffs against defendant no.1. Plaintiff is the son of defendant no.1 and at the relevant time he was minor. The defendant no.1 had assured the court that his future will be safe and secure. Although there are disputes between the mother of the plaintiffs and his father, it is in the light of the assurances which have been given by defendant no.1 that once the plaintiff gains majority on 2.4.10, he would make payment of Rs.13,.75,000/- with interest or other gains accruing thereon that the Court did not grant any ad-interim relief. Mr. Sen submits on instructions that these payments have not been made although assured before the court. 3. None appears on behalf of the defendant no.1 today. There is no affidavit on behalf of the defendant no.1 after 2.9.09. In the affidavit of 2.9.09 which was before the court when the ad interim order was made, the defendant no.1 assured the court that the investments are safe. Defendant no.2 who was engaged as a lawyer had filed an affidavit and in para 7 (xii) thereof a reference is made to defendant no.1 s letter dt.12.1.09 based upon the which ad ’ interim order had been made. 3 nms2972-09 4. Since no payments have been forthcoming despite plaintiff attaining majority, it is necessary to safeguard and protect his interest. He should not suffer on account of disputes and differences between the defendant no.1 and his wife. In the light of the clear assurance given in the affidavits, prima facie case is made out to the extent of grant of interim reliefs in terms of prayer clause (e) and (i). 5. The Motion is made absolute in terms of prayer clause (e) and (i). Liberty to apply with regard to investments disclosed and referred to in para 1 of the order dt.14.9.09 after receipt of information and details from Konkan Railway Corporation Ltd, Morgan Stanley Growth Mutual Fund and Unit Trust of India. 6. The Amount of Rs.13,75,000/- referred to in prayer clause (e) with all additions and accretion be deposited in this court within a period of 8 weeks from the date of receipt of copy of this order by defendant no.1. Further, defendant no.1 is directed to file an affidavit disclosing and producing along with the same, the details of the Income Tax returns, papers, balance sheet and other documents, so as to enable plaintiff, who has gained majority to file his Income Tax 4 nms2972-09 Returns independently. Motion is therefore, made absolute in terms of prayer clause (g) as well and disclosure be made on affidavit within 8 weeks from the date of receipt of this order. Liberty to apply for withdrawal of the sum deposited. ( S.C.Dharmadhikari, J. )