Abbas Tyebji Dahodwala v. Husenabai Tayebji Dahodwala

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024 CALLED FOR DIRECTION:

6.CHOL/455/2024 In TP/514/2024 Mr. Gautam Shripad Dongre, Advocate for the Applicant / Petitioner.

P. C. :

1. By this Chamber Order, the Applicant seeks amendment of the Petition.

2. The Ld. Advocate for the Applicant submits that the original Petitioner has died in Ohio, USA on 19th April, 2024. He further submits that the Applicant is the grandson of the deceased Petitioner. The Ld. Advocate further submits that the Chamber Order was e-filed bearing e-Filing No.ED-HCBM02-37546-2024 on 19th June 2024 and had received an email from the Hon'ble High Court having approved the above Chamber Order. He tenders a copy of the email dated 19th June, 2024 received by him from this Hon'ble Court in respect of approval of the Chamber Order bearing e-Filing No. ED-HCBM02-37546-2024. The same is taken on record. He further submits that since there was a technical change in the e-Filing Portal of this Hon'ble Court, the above Chamber Order was not displaying in the new e-Filing Portal. He further submits that the said Chamber Order was again uploaded and e-Filed vide e-Filing No.AMH20240130416C202400008 and the present Chamber Order number is given. He further submits that in view of the previous Chamber Order having e-Filed No.ED-HCBM02-37546-2024 and ..2/-

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the present Chamber Order is in continuation of present Chamber Order are one and the same, therefore the Chamber Order is filed within the period of limitation. He, therefore, prays that the Chamber Order be allowed and Applicant be permitted to amend the Petition as per the Schedule annexed to the Chamber Order.

3. Perused the Affidavit in Support of the Chamber Order. The Applicant in the Affidavit has stated that the Petitioner has died on 19th April, 2024 and he is the grandson and one of the legal heir of the deceased. The Applicant has further stated that in view of the death of the Original Petitioner the legal heirs and residual legatees to property and credits of the deceased have preferred to proceed with the present Petition by adding the Applicant as Petitioner and by making certain amendments to the Petition as per Schedule annexed to the Chamber Order. The Applicant, therefore, prayed to grant the Chamber Order.

4. In the present case, the Chamber Order bearing e-Filing No.ED-HCBM02-37546-2024 was initially filed on 19th June 2024. Since the e-Filing system was migrated from one Portal to another the Chamber Order bearing e-File No.ED-HCBM0237546-2024 was not made available in the new Portal of e-Filing and, therefore, the Applicant was required to e-File the said Chamber Order again and got another number, which is filed after the limitation period to bring the legal heir on record. Rule-14 of "e-Filing Rules of the High Court of Bombay 2022", provides for the computation of time of e-Filing. Rule-14.4 provides for limitation governing on-line e-filing will be the same as those applicable to physical filing and the period of ..3/-

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limitation for such actions will commence from the date when e-filing is made as per the procedure prescribed in these Rules. Therefore, the date of eFiling of Chamber Order bearing No. EDHCBM02-37546-2024 on 19th June, 2024 is considered for computation of time and the present Chamber Order is in continuation of the previous one and the same is treated as filed within time.

5. For the reasons stated in the Affidavit in Support, the Chamber Order is allowed and the Chamber Order is signed separately.

Amendment to be carried out as per Schedule annexed to the Chamber Order, within three weeks' from the date of uploading the order.

10.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master