Bombay High CourtNMT/28/2017disposed off

Mrs Sarayu Ahuja v. Maya Oberoi And ORS

2017-01-25Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 904.NMTL-18-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION (L) NO.18 OF 2017 WITH CHAMBER SUMMONS NO.163 OF 2011 IN TESTAMENTARY SUIT NO.9 OF 2008 IN TESTAMENTARY PETITION NO.707 OF 2005 Mrs. Sarayu Ahuja ....Applicant/Plaintiff Vs.

Maya Oberoi and Ors.

....Defendants ---- Mr. Sidharth Samantaray a/w. Mr. Sachin Kudalkar i/b. Madekar and Co. for the applicant/plaintiff.

Mr. Nilesh Modi a/w. Ms. Asma Khan i/b. Rustamjiand Ginwala for the defendants.

---- CORAM : K.R.SHRIRAM, J.

DATE : 25th JANUARY, 2017 P.C.:

NOTICE OF MOTION (L) NO.18 OF 2017 This notice of motion is for restoring the chamber summons no.163 of 2011 that came to be dismissed vide an order dated 20th June, 2016 for default.

In the affidavit in support the explanation given is that the earlier advocate gave no objection in March, 2016 but since the plaintiff was busy with her pre-engagements she could not appoint another advocate till November, 2016 and hence nobody appeared on 20th June, 2016.

Gauri Gaekwad

2/2 904.NMTL-18-2017.doc In my view, though the explanation is not satisfactory and Mr. Modi, counsel for the defendants is justified in opposing this application, still in the interest of justice and since this is a testamentary suit, I am inclined to exercise my discretion in favour of the applicant and allow the notice of motion. At the same time, the applicant has to be put to terms.

The notice of motion is allowed and accordingly disposed in terms of prayer clauses - (a) and (b). The chamber summons no.163 of 2011 is restored to file.

The applicant to pay a sum of Rs.10,000/- as donation to Bombay High Court Law Library. This amount to be paid within two weeks from today.

Notwithstanding disposal of the notice of motion, the applicant to remove all office objections and get the notice of motion numbered within two weeks from today.

The chamber summons no.163 of 2011 be listed for hearing on 22nd February, 2017.

(K.R. SHRIRAM, J.) Gauri Gaekwad