Mahendra Banwarilal Dixit v. Banwarilal B. Dixit (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2023.04.11 10:42:27 +0530 MUGDHA M PARANJAPE 1 31-IA 1781-22 in TP 75-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1781 OF 2022 IN PETITION NO.75 OF 2018 Mahendra Banwarilal Dixit ... Applicant/Org. Petitioner In the matter between Banwarilal B. Dixit ... Deceased Mahendra Banwarilal Dixit ... Petitioner ----- Mr. S. H. Singh i/by R. B. Singh and Associates for the Applicant/Org. Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

10TH APRIL 2023 P.C. :

1.

By the present Interim Application, the Applicant seeks a post grant amendment to the Schedule to Testamentary Petition No.75 of 2018. The said Testamentary Petition has been filed for Succession Certificate in respect of certain securities belonging to one Banwarilal B. Dixit ('the deceased'). 2.

Learned Counsel for the Applicant/Original Petitioner points out that in the Schedule annexed to Testamentary Petition, in Item No.2, the words "United Sprits Ltd" need to be added before the words "Integrated Enterprises (India) Ltd" and the words Integrated Enterprises (India) Ltd be bracketed. Mugdha

2 31-IA 1781-22 in TP 75-18.doc 3.

I have heard learned Counsel for the Applicant/original Petitioner and perused the Interim Application. I find that the same is in order and deserves to be allowed in the interest of justice and in furtherance for completeness of the grant already issued by this Court on 14/12/2018. Hence, the Interim Application is allowed in terms of prayer clauses (a) and (b), which read as under :- "a) that this Hon'ble Court be pleased to condone the delay of 1182 days in taking out the Interim Application. b) that this Hon'ble Court be pleased to allow the amendment or Correction in item No.2 of the Schedule of the Succession Certification as per the Schedule annexed hereto;" 4.

Amendment to be carried out within a period of two weeks from the date of this order, i.e., 24/04/2023.

5.

Interim Application is accordingly disposed of in view of the above order.

(ARIF S. DOCTOR, J.) Mugdha