Baldev Meherchand Gupta v. Meherchand Laburam Alias Labhuram Gupta (Deceased) Mr. Ashok Gupta (Applicant)

924-CST159-14.DOC Agk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 159 OF 2014 IN TESTAMENTARY PETITION NO. 926 OF 2013 Ashok Gupta ...Applicant In the matter between Baldev Meherchand Gupta

...Petitioner

Versus

Meherchand Laburam @ Labhuram Gupta ...Deceased Mr. Sunil Patel, i/b Ashwin Jajal, for the Petitioner.

Mr. Gunjan Shah, i/b M/s. Benny Joseph Law Officers, for the Applicant.

CORAM: G.S. PATEL, J DATED:

20th January 2015 PC:- 1.

On 19th November 2014, I allowed the present Applicant's Chamber Summons No. 135 of 2014 condoning the delay in filing the affidavit in support of the Caveat. It now seems that there is also a delay in filing the Caveat itself. Hence the present Chamber Summons. The delay is of 81 days.

924-CST159-14.DOC 2.

For the reasons set out in the affidavit in support, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b).

3.

Caveat and the affidavit in support to be filed and served on or before 23rd January 2015. If not filed, the Caveat shall stand discharged without further reference to the Court and the Petition shall then proceed as an uncontested Petition. 4.

Upon the caveat and affidavit being filed and served, Petition to be renumbered as a Suit and to proceed accordingly. 5.

The Chamber Summons is disposed of accordingly. 6.

There is a typographical error in the order dated 19th November 2014 passed in Chamber Summons No. 135 of 2014. In the cause title, "Testamentary Petition No. 926 of 2014" shall be corrected to read "Testamentary Petition No. 926 of 2013".

(G. S. PATEL, J.)