Mrs. Armaity Cyrus Katrak v. Mr. Merwanji Cawasji Madon (Deceased) And Bakhtawar M Talathi (Applicant)

*1* 24-CST-128-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.128 OF 2015 IN PETITION NO.832 OF 2014 Bakhtawar M. Talati ...Applicant/Caveator

IN THE MATTER BETWEEN:

Armaity Cyrus Katrak

...Petitioner

V/s.

Bakhtawar M. Talati

...Respondent

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

Mr. Prashant Tikare i/by Zenobia S. Irani, Advocates for the Petitioner. Ms. Sarika Mehra i/by LJ Law, Advocate for the Respondent. ...........

CORAM : A. K. MENON, J.

DATE : 2ND DECEMBER, 2015.

P.C.:

This Chamber Summons is taken out for condonation of delay of 128 days in filing the affidavit-in-support of the Caveat. The learned counsel for the Petitioner points out that the reasons given in the affidavitin-support seeking condonation of delay are not sufficient. He further points out that even the title of the affidavit-in-support is incorrect inasmuch as it mentions name of Mrs. Nergish Ratansha Kapadia whereas Shivgan

*2* 24-CST-128-2015.doc the Petition for letters of administration to the property and credits of late Merwanji Cawasji Madon.

Heard Parties. The learned Advocate for the Caveator seeks leave to amend cause title in the affidavit-in-support to replace the name of Nergish Ratansha Kapadia with Late Merwanji Cawasji Madon. Having perused the affidavit-in-support of the Chamber Summons, I am satisfied with the reasons set out therein. In my view, the delay deserves to be condoned. However, this will be subject to payment of costs. I therefore pass the following Order ;

(i) Leave to amend cause title is granted. Amendment to be carried out forthwith.

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

(iii) Applicants shall pay costs of this application fixed at Rs.1500/- within a period of one week from today. (A. K. MENON, J.) Shivgan