Maharashtra Executor Trustee Co. Pvt. Ltd., Asst. Manager Prasad Date v. Ganpat Sadashiv Salvi (Deceased)

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34. NMT 164-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.164 OF 2017 IN TESTAMENTARY PETITION NO.1383 OF 2014 Maharashtra Executor & Trustee Co. Pvt. Ltd.

...

Applicant Ganpat Sadashiv Salvi ...

Deceased Maharashtra Executor & Trustee Co. Pvt. Ltd.

Through its Asst. Manager Shri Prasad V. Date ...

Petitioner .....

Pramod J. Pawar for the Applicant/Petitioner. .....

CORAM : S.C.GUPTE, J.

DATE : 14 NOVEMBER 2017 P.C. :

.

The present Notice of Motion seeks recall of a common order of rejection passed in a number of petitions including the present. The order is self operative and requires compliance of office objections by a particular date and provides for rejection of the petition in default, for non-compliance under Rule 435 of the High Court Original Side Rules without further reference to the Court. There is a delay in taking out the present application. The delay is, however, explained in the affidavit in support of the Notice of Motion. For the reasons stated, the delay is condoned and the Notice of Motion is allowed in terms of prayer clause-(b) by recalling and setting aside the order of rejection dated 2 May 2015. The Petitioner shall now remove all office objections within a period of 12 weeks from today, failing which, the petition shall stand rejected without

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34. NMT 164-17.doc further reference to this Court. The Notice of Motion is disposed of accordingly.

(S.C. GUPTE, J.)