Ratan Udharam Bhatia v. Gopal Lakhmichand Bhatia (Deceased)

43.TP.3149.2024.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 3149 OF 2024 WITH WILL NO. 1257 OF 2024 IN TESTAMENTARY PETITION NO. 3149 OF 2024 Gopal Lakhmichand Bhatia .. Deceased

Versus

Mahesh Gopal Bhatia .. Petitioner ....................

 Mr. Kevin Gala, Advocate i/by Madhav Y. Shah for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 17, 2025.

P.C.:

1.

Heard Mr. Gala, learned Advocate for Petitioner. 2.

Mr. Gala has placed before me the earlier orders passed by the Company Registrar / Testamentary Registrar and Officer on Special Duty with Testamentary Department dated 04.07.2025 and 11.08.2025 respectively. He has also placed before me copy of praecipe dated 05.05.2025 which requires adjudication. 3.

The grievance expressed in the said praecipe prima facie appears to be genuine. It is a believable reason. The General Power of Attorney issued by the wife of deceased is appended to the praecipe. The original of that General Power of Attorney shall be placed before the Registrar for consideration. Rule 397 prima facie covers a situation

43.TP.3149.2024.doc arising in the present case. If there is genuine impediment, undoubtedly Application for Letters of Administration or Succession Certificate may be filed by the Constituted Power of Attorney of a person residing out of the State of Maharashtra when such a fact situation as appearing in the present case has arisen. 4.

In that view of the matter, Testamentary Registrar shall accept the original General Power of Attorney and permit the Applicant to file Interim Application for taking steps to file the Petition in the name of the wife of the deceased.

5.

Mr. Gala informs the Court that Officer on Special Duty has power to allow such amendment. If the said Officer on Special Duty is empowered, appropriate orders shall be passed. Only in case of any difficulty, recourse to the Court be made.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.09.18 20:35:11 +0530 AJAY TRAMBAK UGALMUGALE