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Bombay High CourtCHS/615/2017disposed off

Vijay And Haresh Corporation And ANR v. Veekaylal Investment Co.Pvt Ltd And 6 ORS And Shivang Raju Raval (Applicant)

2018-01-08Hon'Ble Shri Justice G.S. Patel2 pages

21-CHS-615-2017.DOC Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 615 OF 2017 IN SUIT NO. 3183 OF 1988 Shivang Raju Raval ...Applicant In the matter between Vijay & Haresh Corporation & Ors ...Plaintiffs

...Petitioner

Versus

Veekaylal Investment Co. Pvt. Ltd & Ors ...Defendants And Shivang Raju Raval ...Applicant Mr S Shah, Senior Advocate a/w Mohamedali M. Chunawala and Gawade, i/b Salim Sayed, for the Applicant.

Mr Ranjit Thorat, a/w T Reddy i/b Rajeev Sharma, for the Defendants No. 1,4,6,7(a) (c).

CORAM: G.S. PATEL, J DATED:

8th January 2018 PC:- 1.

Heard. The application is for impleadment. The applicant seeks to be impleaded as Plaintiff No.2 (aa) on the basis that he is the executor of the last Will and Testament of one Ilaben Vipinchandra Pandya. She died on 19th April 2015. The Will in question is dated 26th December 2011. Mr. Shah says that Probate 8th January 2018

21-CHS-615-2017.DOC has been sought and Testamentary Petition 29 of 2018 has been filed for that purpose.

2.

There is a delay of 754 days in filing the Chamber Summons. I will condone that delay because the applicant is the named executor, and he is in law the legal representative of the deceased's estate. 3.

The Chamber Summons is made absolute in terms of prayer clauses (a) and (b).

4.

Amendment to be carried out within two weeks from today. 5.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 8th January 2018