VASANT NARAYAN SARDAL Vs. ASHITA THAM & ORS

JUDGEMENT

(1.) In my order of 9th April 2018 I set out at some considerable length factual background to the matter, the question that arises and the applications that were then pending before me. Since that order of 9th April 2018 is fairly comprehensive, I will not restate the facts once again. That order should be read with this one, and will be treated as incorporated in this order for the purposes of the factual background and the identification of the issues.

(2.) However, the position has marginally altered since. For, Notice of Motion (L) No. 101 of 2018 filed by Ashita, Monica and Pooja for removal of Vasant Sardal, was allowed to be withdrawn on 25th April 2018.

(3.) What remains is this. There is first of all Notice of Motion No. 74 of 2015 filed by Vasant Narayan Sardal ("Sardal") for recalling the order passed by Dr DY Chandrachud J (as he then was) on 30th July 2009 reinstating Behram Ardeshir ("Ardeshir") as an executor after his renunciation. In view of the order that I propose to pass today removing Sardal as an executor - my reasons follow - Mr Jeejeebhoy for Ardeshir states that Ardeshir will not continue and does not desire to continue as an executor. Ardeshir is present in Court. This will render Sardal's Notice of Motion No. 74 of 2015 infructuous. That Notice of Motion sought a reversion to a prior state of affairs where Ardeshir had renounced executorship and Sardal continued alone.