Bombay High CourtCHOL/517/2024disposed off

Shrikant Satyanarain Agarwal v. Satyanarain Gulabrai Agarwal

2025-01-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th January, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/517/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Rudra Dani i/b. Pradip Shukla, Advocate for the applicant.

P.C.:

The present Chamber Order is e-filed by the applicant for setting aside Order dated 28.03.2024, rejecting Testamentary Petition (L) No. 30081/2022 under O.S.Rule 986 for non-compliance of office objections.

Perused Chamber Order, Affidavit in Support of the Chamber Order and documents annexed. Heard ld. Advocate appearing for the applicant, who submits that due to sudden death of Advocate Pravin Patel, who was looking after Testamentary Petition (L) No. 30081/2022, matter got rejected due to noncompliance of office objections on the Petition. However, as soon as the petitioner got the knowledge of rejection of the Petition, he immediately filed present Chamber Order for its restoration.

I have considered submissions canvassed by ld. Advocate appearing for the applicant and also gone through the reasons mentioned in Affidavit in Support of the Chamber Order for non-compliance of office objections and delay of 58 days, caused in filing present Chamber Order. I am satisfied with the reasons mentioned in the Affidavit in Support of the Chamber Order. It appears that the petitioner was solely dependent on advise and guidance of deceased Advocate and because of sudden death, he was prevented from getting office objections removed on the Petition within time. In this view of the matter, I deem it fit to grant an opportunity to the petitioner to get office objections removed on the petition by condoning delay of 58 days, caused in filing present Chamber Order. Hence, the following order :

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 06th January, 2025

O R D E R

contd....

CHOL/517/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Delay of 58 days caused in filing present Chamber Order is hereby condoned.

Chamber Order is allowed with no order as to costs.

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 : 06.01.2025 Prothonotary and Senior Master RAJEEV VIJAY ACHARYA RAJEEV VIJAY ACHARYA Date: 2025.01.06 18:37:15 +0530