Vispy Keki Dalal v. Ms. Tanaz Rumi Dalal Alias Ms. Tina Rumi Dalal And ANR (Caveatrix)

24.cst.45.2017.cts.70.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 45 OF 2017 IN CAVEAT (L.) NO. 472 OF 2016 IN TESTAMENTARY PETITION NO. 1794 OF 2016 Ms.Tanaz Rumi Dalal alias Ms.Tina Rumi Dalal & Anr.

.. Applicants In the matter between :

Vispy Keki Dalal .. Petitioner Vs.

Ms.Tanaz Rumi Dalal alias Ms. Tina Rumi Dalal & Anr.

.. Caveators Mr.Vipul Bilve i/b M/s. Mulla and Mulla & Craigie Blunt and Caroe for petitioner.

Mr.Rohaan Cama a/w. Mr.Punit Damodar, Ms.Nikita Vardhan and Mr.Nikhil Upadhyay i/b Kanga and Co. for caveator/applicant. CORAM : K.R.SHRIRAM, J.

DATE : 12TH APRIL, 2017 P.C.

Heard the counsel and also considered the affidavit in support. Mr Bilve for the petitioner submits that the reasons given in the affidavit in support are not enough to warrant condonation of delay and grant of extension.

I am afraid, I do not agree with Mr. Bilve. In my view, the explanation Shraddha Talekar PS 1/2

24.cst.45.2017.cts.70.17.doc given in paragraphs 2 and 3 of the affidavit in support justifies the extension sought. Moreover, since it is a dispute between family members, special equities should prevail.

Therefore, the chamber summons is allowed in terms of prayer clauses (a) and (b) and accordingly disposed. The suit be listed for issues on 2nd May 2017 on which date, the parties to come up with agreed draft issues.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2