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Bombay High CourtIA/2380/2022disposed off

Rajeev Sadashiv Lad Ca Of Reshma Potdar @ Reshma Julia Potdar v. Ashok Vasantrao Potdar (Deceased)

2023-03-21Hon'Ble Justice Shri Arif S. Doctor2 pages

16-ia-2380-22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY INTESTATE JURISDICTION INTERIM APPLICATION NO.2380 OF 2022 IN TESTAMENTARY PETITION NO.1468 OF 2018 Ashok Vasantrao Potdar ...Deceased Reshma Potdar alias Reshma Julia Potdar ...Applicant/Org.Petitioner --- Ms. Rasika Pawar for Applicant.

--- CORAM : ARIF S. DOCTOR, J.

st March, 2023 DATE : 21 P.C. :

1.

The present Interim Application has been filed for a post grant amendment to the Schedule annexed to Testamentary Petition No.1468 of 2018. By an order dated 30 th September, 2019, Letters of Administration in respect of the properties and credits of one Ashok Vasantrao Potdar were granted to the Applicant/Petitioner.

2.

Learned Counsel points out that subsequent to the issuance of Letters of Administration, certain errors were observed in the Schedule. The errors are essentially incorrect mentioning of bank account numbers, share numbers and value of shares. It is thus, that learned Counsel seeks the present A.B.Kakde 1/2

16-ia-2380-22.doc amendment.

3.

I have heard learned Counsel, perused the copy of the Interim Application. I find that there is no impediment in granting the Interim Application in any view of the matter, grant already having been issued, the amendments are required to allow in the interest of justice. 4.

Interim Application is therefore allowed in terms of prayer clause (a) and (b) which read as under:- "a.That the Applicant may kindly be allowed to amend Schedule annexed to the Petition as per 'Schedule of amendment' annexed to this Interim Application with consequential amendment, if any, in the Petition. b. That after amendment of Schedule annexed to the Petition, as sought in prayer (b), is carried out, Testamentary Department may be direct to amendment Letters of Administration issued on 30th September, 2019 in above Petition, as per amended Petition."

5.

Amendments to be carried out within a period of two weeks from today.

6.

The present Interim Application is according disposed of. (ARIF S. DOCTOR, J.) A.B.Kakde 2/2