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Monday Sep 23, 2024
Thursday, 1 February 2018 00:00 - - {{hitsCtrl.values.hits}}
The additional District Judge of Colombo Chamath Madanayake issued an order Nisi ordering Idris Shabbir Gulamhusein of No. 11/1, Havelock Road, Colombo 05, to show cause as to why the Limited Letters of Administration granted to him in relation to the testate estate of his late father Dr. Shabbir Abbas Gulamhusein should not be recalled and/or cancelled and/or revoked.
This order Nisi was entered when this matter was supported by Dr. Wijedasa Rajapakhse PC on 29 January 2018 on an application made by Dr. Ali Asgar Shabbir Gulamhusein by way of a Petition.
In the Petition it was revealed in detail as to how the said Idris Shabbir has been involved in siphoning out assets from the estate of his late father whilst misleading the court that his late father had left behind a negative net worth or a Net Liability of approximately Rs. 8 million. Whereas in another testamentary case has been filed by his sister Farida Shabbir in the same court in respect of the same estate on the basis that his late father died intestate and had left behind a positive net worth of approximately Rs. 1.3 billion.
As per the petition filed in Court by Dr. Ali Asgar Gulamhusein, it is further stated that Idris Shabbir has affirmed under oath in this case as well as in other courts of law that the Last Will of his late father of which he has obtained Limited Letters of Administration is a forgery. Despite the said position and the sworn Affirmant he attempted to abuse the court procedure by holding on to the Limited Letters of Administration and further pleads to grant the Probate unto himself. Dr. Wijedasa Rajapakhse PC appearing for the Petitioner, Dr. Ali Asgar Gulamhusein submitted to court that due to the contradictory positions taken-up by Idris Shabbir in various courts of law, the Respondent is disqualified from seeking the grant of Probate of the Last Will of the deceased and/or administering the said estate pending the grant of the Probate of the Last Will.
Dr. Wijedasa Rajapakhse PC also submitted to court various misappropriations of the deceased’s estate committed by Idris Shabbir having obtained the Limited Letters of Administration. Amongst which said Idris Shabbir has fraudulently used the deceased’s credit card even after the death of his late father. The Petitioner states that the said credit card along with the supplementary cards should have seized to operate by operation of law upon the demise of the principal card holder Dr. Shabbir Abbas Gulamhusein. However, notwithstanding the demise of Dr. Shabbir Abbas Gulamhusein, the Respondent Idris Shabbir and his sister F.B. Shabbir have illegally, wrongfully and surreptitiously continued to use the said credit cards up to-date without notifying the bank of the demise of the Principal Card Holder.
Dr. Rajapakshe PC further submitted that the Respondent Idris Shabbir has siphoned out more than 25 million on the pretext that he is paying the said sums to important suppliers, has taken a packing credit loan of 30 million rupees from NDB Bank and has admittedly gotten the said loan proceeds to his personal account, despite suggesting to court that his father has a negative net worth said Idirs Shabbir has given away more than Rs. 3 million on charity, has paid the sisters lavish amounts of money and has even paid his child’s school fees and the housemaid’s wages out of the estate of the deceased.
Against an imminent threat of irreparable loss and damage being caused to the estate of the deceased and the Petitioner at the hands of the said Idris Shabbir who is currently holding the Limited Letters of Administration to the Estate of the deceased, Dr. Rajapakshe made an application under Sec.537 of the Civil Procedure Code to revoke and recall the Limited Letters of Administration granted to Idris Shabbir.
Ali Sabry PC appeared on behalf of Idris Shabbir and strenuously objected to Dr. Wijedasa Rajapakhse PC’s application for entering the Order Nisi revoking and/or recalling and/or cancelling the Limited Letters of Administration issued to the Respondent.
Having heard the lengthy submissions made by the Petitioner’s Counsel Dr. Wijedasa Rajapakhse PC and Respondent’s Counsel Ali Sabry PC and having also perused the Petition and supporting documents thereto, court being satisfied ordered to enter an Order Nisi and issued Notice to the Respondent to show cause as to why the Court should not revoke and/or recall and/or cancel the Limited Letters of Administration issued to the Respondent Idris Shabbir returnable on 12 February 2018.
Dr. Wijedasa Rajapakshe PC appeared with Kapila Liyanagamage and Niranjan Arulpragasam Attorneys-at-Law for the Petitioner Dr. Ali Asgar Gulamhusein instructed by G.G. Arulpragasam Senior Attorney-at-Law. M.U.M. Ali Sabry PC appeared for the Respondent Idris Shabbir Gulamhusein.
