Dilip Narottamdas Bavishi v. Narottamdas Manilal Bavishi

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 195 OF 2020 IN TESTAMENTARY PETITION NO. 1536 OF 2012 Dilip Narottamdas Shah ..Applicant

IN THE MATTER BETWEEN

Narottamdas Manilal Bavishi ..Deceased Dilip Narottamdas Bavishi ..Petitioner ....................

 Mr. Jayesh Gawade i/by Shivaji Rajaram Nirmale, Advocate for Applicant.

...................

CORAM :MILIND N. JADHAV, J.

DATE :AUGUST 02, 2023.

P.C.:

1.

Not on Board. Mentioned. Taken on Board.

2.

Heard Mr. Gawade, learned Advocate for Applicant. 3.

Perused the praecipe dated 02.08.2023 and Interim Application.

4.

This Interim Application has been filed by the Applicant for seeking post grant amendment in respect of grant dated 26.08.2013 issued by this Court. The grant is at Exhibit "A" of the Interim Application.

5.

Mr. Gawade would submit that the Schedule of Amendment was originally appended to the Application, but however there is a change in the nomenclature and numbers of the shares as also the title and in that view of the matter, he submits that the Draft Amendment be taken on record and marked "X" for identification. He would submit that the Schedule of Amendment appended to the Application be ignored and the Draft Amendment be taken on record and application be granted in terms of the Draft Amendment. I have perused the Draft Amendment. Delay stands condoned. 6.

For the reasons mentioned in the Interim Application and the submissions made by the learned Advocate, leave to amend is granted in terms of the Draft Amendment. Amendment to be carried out within a period of two weeks from today. Re-verification stands dispensed with.

7.

In view of the above, Interim Application is allowed in terms of prayer clauses '

a' and 'b' which read thus:- "a) that this Hon'ble Court be pleased to condone the delay of ....... days for taken out the Interim Application. b) that this Hon'ble Court be pleased to allow the amendment in the Schedule of the Petition and issue extension Succession Certificate as per the Schedule annexed thereto." 8.

Pursuant to the amendment being carried out, Prothonotary and Senior Master of this Court is directed to accept the original grant for the purpose of rectification.

9.

The rectification shall be carried out within a period of four weeks from today. Re-verification is dispensed with. 10.

Interim Application is disposed.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2023.08.02 19:31:23 +0530 AJAY TRAMBAK UGALMUGALE