HC asks Amrohi kin to reply to Preity Zinta’s suit over loan recovery

The court was also informed that a few months after Shandar’s death,Zinta had verbally requested the family members to pay her rightful dues. However,no heed was paid to her request.

Mumbai | Published: December 5, 2013 1:35 am

Acting on a suit filed by actor Preity Zinta,who sought return of her dues from the family of legendary filmmaker Kamal Amrohi’s late son Shandar Amrohi,the Bombay High Court on Wednesday directed Shandar’s family members to file an affidavit in reply. The court also asked them to disclose whether they had been operating any bank accounts of Shandar.

Zinta had filed the suit in the high court last month,claiming she had lent Rs 2 crore to Shandar,but his family was reluctant to return the money.

Lawyer Anil Kumar Mishra,appearing for Shandar’s widow Shahida,gave an undertaking to the court that his client would not create a third party right or sell the property,which they came in possession of after Shandar’s death,till the next date of hearing on January 20.

Justice Kathawala,after listening to the arguments,said,“Defendants shall file an affidavit in reply on or before January 6 and disclose whether they have been operating any bank accounts of Shandar Amrohi.”

Zinta’s counsel Sharan Jagtiani and Stuti Jain argued that upon the death of Shandar,his properties (movable and immovable) were devolved on his two widows,including Shahida,brother Tajdar and sister Rukhsar under the Mohammaden Shariat law. “The family members,being the heir and legal representatives of Shandar were liable to return the amount claimed by Zinta,” they said.

The court was also informed that a few months after Shandar’s death,Zinta had verbally requested the family members to pay her rightful dues. However,no heed was paid to her request.

As per Zinta’s petition,Shandar was defrauded by his family and was not economically capable of incurring expenditure to recover the property allegedly stolen from him. “Shandar asked Zinta for monetary help to initiate legal proceedings to recover his shares. He told Zinta that he would repay her as soon as he became financially stable,and only then had she agreed to extend monetary help,” her petition stated.

In her suit,the actor sought to recover a principal amount of Rs 2 crore with an additional interest of Rs 80 lakh,calculated at an annual rate of 18 per cent from the day after Amrohi passed away,which was on August 21,2011.

aamir.khan@expressindia.com

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