10 ia 3450-23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3450 OF 2023 IN TESTAMENTARY SUIT NO. 175 OF 2013 Vandana Vishwanath Chalke In the matter between: ... Applicant. Smita Ajay Yeole ... Plainti(. Versus Milind Vishwanath Chalke and Anr. ... Defendants. ————— Mr Ashok Mishra for the Applicant. Mr Rohaan Cama a/w. Mr Anish Karandi and Ms Kinjal Shah i/by Rashmikant and Partners for the original Plainti . Mr Akash Singh for the Defendant No.1. ————— Coram : Sharmila U. Deshmukh, J. Date : February 12, 2026 P.C. : 1. Interim Application has been preferred seeking following reliefs. a. That, This Hon'ble Court be pleased to permit to withdraw the undertaking, dated 27th July, 2018, thereby modifying the said order, dated 27th July, 2018. b. That, This Hon'ble Court be pleased to allow the Applicant withdraw the undertaking dated 29th August 2018 and thereby entitle the Applicant to take necessary steps to gather necessary information pertaining to the records and transactions of M/s Oriental Weaving Pvt. Ltd., including but not limited to RTI, emails, telephonic communications, enquiries, etc. sa_mandawgad 1 of 4 2026:BHC-OS:4315 10 ia 3450-23.doc c. That, This Hon'ble Court be pleased to expedite the captioned Testamentary suit no.175 of 2013 in Testamentary Petition no. 551 of 2013 and the Applicant be permitted to 8le her A9davit in lieu of examination in chief and be accordingly cross examined, prior to the Plainti leading her evidence. d. That, This Hon'ble Court be pleased to discharge the Ld. Joint Administrators from their duties as entrusted upon them, vide orders dated 13th January, 2016 and 5th April, 2016, and thereby allow the parties hereto, to take over and look after the business of the estate of deceased, Mr. Vishwanath Chalke. e. That, in the alternative to prayer clause (c), This Hon'ble Court be pleased to appoint Court Receiver in place of the present administrators to look after the estate of the deceased, Mr. Vishwanath Chalke. 2. Insofar as the application for discharge of the administrator and appointment of Court Receiver is concerned, learned counsel appearing for the Applicant submits that an independent application would be taken out for seeking the said reliefs and he does not press for the said reliefs in the present application. The application is therefore being considered only in respect of prayer clauses (a), (b) and (c) is concerned. 3. Insofar as prayer clause (a) is concerned, the Applicant who is original Defendant No.2 seeks to be relieved of the undertaking noted in paragraph 3 of the order of 27th July, 2018 by which the Applicant had agreed that she will not proceed with any applications, petitions, sa_mandawgad 2 of 4 10 ia 3450-23.doc or other proceedings before NCLT or any other Court or Tribunal. What is pertinent to note is the observation of the Hon’ble Court that the undertaking is required because what is attempted is the settlement of all dispute between the parties. It is now informed to this Court that there is no possibility of settlement and the suit is proceeding for trial. In view thereof, the undertaking given by the Applicant and as noted in paragraph 3 of the order dated 27th July, 2018 is permitted to be withdrawn. 4. It is open for the Applicant to prosecute court proceedings or proceedings before the Tribunal. Needless to clarify that as the application has been preferred only by Defendant No.2, only the Applicant is relieved of the said undertaking. 5. Insofar as prayer clause (b) is concerned, though prayer clause (b) speaks of undertaking dated 29th August, 2018, perusal of the order of 29th August, 2018 indicates that the same is an order of the Court. Paragraph 4 of the order dated 29th August, 2018 reads as under: “4. To put the matter beyond all controversy: (a) There will be a complete cessation of all contact, direct or indirect contact, between the Defendants, Mr Milind Chalke and Mrs Vandana Chalke, and the Defence Establishments, whether by means of RTI applications, enquiries, telephone calls, e-mails, correspondence or otherwise. sa_mandawgad 3 of 4 10 ia 3450-23.doc (b) For her part the Plaintif will ensure that she and Oriental Weaving maintain complete and accurate records of all transactions with the Defence Establishments. They agree and undertake to make these available to Court in such circumstances and in such manner as the Court may direct at an appropriate time in response to any application that may be Aled by the Defendants. This is also accepted as an undertaking to the Court.” 6. In event, the Applicant is aggrieved by order of 29th August, 2018, it is open for the Applicant to challenge the same. As the order of 29th August, 2018 is not an undertaking but an order of the Court, prayer clause (b) cannot be granted. 7. Insofar as the prayer (c) is concerned, the Plainti( has examined PW-2 and the matter is proceeding for trial and hence prayer clause (c) stands worked out. 8. Interim Application is allowed in the above terms. [Sharmila U. Deshmukh, J.] sa_mandawgad 4 of 4 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 16/02/2026 12:13:42