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Bombay High CourtCHOL/56/2025disposed off

Rekha Amarnath Sanghavi v. Chandrika Nyalchand Sanghrajka

2025-03-24Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th March, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/56/2025 in TPL/13306/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Shezaad Shaikh i/b. Saahil Yunus Memon, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 27.03.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Ld. Advocate for the applicant tenders Additional Affidavit in Support, explaining delay caused in filing present Chamber Order, which is taken on file.

Heard ld. Advocate for the applicant. Perused Affidavit and Additional Affidavit in Support, contents of which are self-explanatory. It is contended in Affidavit that the applicant has collected documents from Executors, who are either super senior citizen and/or living outside India, which took some time. So also, it is contended in Additional Affidavit that at the relevant time, applicant was traveling out of India, the original Affidavit notarized in the United States of America, was delivered to Advocate in August 2024, however, in the meantime, for all above reasons, delay of 144 days caused in filing Chamber Order, which was unintentional.

Considering cogent reasons put-forth on oath, and captioned Petition, being Testamentary Petition, I am of the view that in the interest of justice, one opportunity needs to be given to the applicant, so that, he can pursue with the captioned Petition diligently. Hence, the present Chamber Order is granted as prayed.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 24th March, 2025 contd....

CHOL/56/2025 in TPL/13306/2022 ) ) ) ) ) ) ) The petitioner to remove office objections on the Petition and get the same registered and/or numbered within four weeks from the date of uploading of Order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 24.03.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.03.25 16:00:33 +0530 RAJEEV VIJAY ACHARYA