← Library
Bombay High CourtNMT/57/2016absolute

Chanda Mohanlal Bhatia v. Bharatlal Mohanlal Bhatia

2017-11-03Hon'Ble Shri Justice S.C. Gupte1 pages

sat nmt 57-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 57 OF 2016 IN TESTAMENTARY PETITION NO. 1143 OF 2010 Bharatlal Mohanlal Bhatia ...Deceased Miss Chanda Mohanlal Bhatia

...Petitioner

Mr.Ashutosh Shukla for Applicant/Petitioner.

CORAM : S.C. GUPTE, J.

DATE : 3 NOVEMBER 2017 P.C. :

The notice of motion seeks recall of a rejection order passed on account of non-removal of office objections and restoration of the petition. There is a delay in taking out the present notice of motion. The delay has been explained in paragraphs 2 and 3 of the affidavit in support of the notice of motion.

Learned Counsel for the Petitioner submits that all office objections have now been removed, though there is a delay in the compliance.

For the reasons stated, the delay is condoned and the order of rejection dated 5 September 2012 is recalled and set aside and the testamentary petition is restored to file. The notice of motion is disposed of accordingly.

(S.C. GUPTE, J.) 1 / 1