Sheetal Naresh Bhansali v. Champaklal Trikamchand Sanghvi (Deceased)

1 11-IA3751-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3751 OF 2024 IN TESTAMENTARY PETITION NO.1576 OF 2024 Sheetal Naresh Bhansali ... Applicant/Org. Petitioner In the matter between Champaklal Trikamchand Sanghvi ... Deceased Sheetal Naresh Bhansali ... Petitioner ----- Ms. Dhara D. Sangani for the Applicant/Petitioner. ----- Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.02.14 10:38:50 +0530 CORAM :

ARIF S. DOCTOR, J.

MUGDHA MANOJ PARANJAPE DATE :

13TH FEBRUARY 2025 P.C. :

1.

This Court had vide an order dated 24 th July 2024 granted the Applicant a Succession Certificate in respect of the debts and securities of one Champaklal Trikamchand Sanghvi ('the deceased'). 2.

Learned Counsel appearing on behalf of the Applicant points out that after the grant of Succession Certificate, it appears that the schedule appended to the Testamentary Petition requires amendment and thus the present Interim Application has been filed.

2 11-IA3751-24.doc 3.

This Court had vide an order dated 23 rd January 2025 observed that the Interim Application was bereft of the necessary details as to when and how the Applicant became aware of the discrepancy in amounts mentioned in the schedule as also on what basis the Applicant was claiming the revision of the said amounts mentioned in the schedule.

4.

Learned Counsel appearing on behalf of the Applicant points out that the Applicant has, in compliance of the order dated 23 rd January 2025, filed an Additional Affidavit in which the details of when and how the Applicant became aware of the discrepancy in the schedule have been set out. 5.

I have perused the said Affidavit and find that the Applicant has sufficiently set out how it came to the knowledge of the Applicant that there were discrepancy in the said schedule.

6.

Hence, having due regard to these facts, I find that sufficient cause has been shown to allow the prayers that have been sought for in this Interim Application. The Interim Application is thus allowed in terms of prayer clauses (a) and (b), which read thus:

3 11-IA3751-24.doc "a) that this Hon'ble Court be pleased to allow the Amendment in Schedule-I of the Petition and Grant of Succession Certificate granted on 16" August,2024 of the Petition as per the Schedule of Amendment annexed Hereto as Exhibit-C;

b) That this Hon'ble Court be pleased to allow the consequential amendment." 7.

The Interim Application is accordingly disposed of. 8.

Amendment to be carried out within a period of two weeks from today.

9.

Re-verification is dispensed with.

(ARIF S. DOCTOR, J.)