ASHWIN MAGANLAL SAVANI Vs. HIMADRI DAVDA

JUDGEMENT

(1.) The present Application seek appointment of Sole Arbitrator in terms of a clause contained in the last Will and testament of Mr.Maganlal Savani, and the Applicant, being a surviving heir of Maganlal, allege that since the disputes have arisen with another surviving heir, the Respondent, an Arbitrator nominated in the Will, may be appointed for resolving them.

(2.) Heard Dr. Abhinav Chandrachud alongwith Juhi Valia for the Applicant and Mr.Mayur Khandeparkar alongwith Ativ Patel for the Respondent. The brief facts which could be gleaned from the Application as well as the Reply filed by the Respondent can be encapsulated in the following Paragraphs.

(3.) The Applicant and the Respondent are two surviving heirs of late Maganlal, who died on 25/5/2017, leaving behind his last Will and Testament dtd. 2/7/2016. Under the Will, the Applicant was appointed as the Sole Executor and trustee of the estate. In the capacity as a Sole Executor of the Will, the Applicant applied for grant of Probate to the High Court of Bombay and the Respondent affirmed the Affidavit, agreeing to the grant of Probate, as a consequence of which , the High Court was pleased to grant Probate on 26/3/2018.