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Bombay High CourtIA/684/2025disposed off

M/S Macrotech Developers Limited v. Induben Jethalal Nagrecha And Jagjivandas Samji Suchak (Deceased)

2025-12-05Hon'Ble Shri Justice Milind N. Jadhav2 pages

8.IA.684.2025.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 INTERIM APPLICATION NO. 684 OF 2025 IN TESTAMENTARY PETITION NO. 3788 OF 2022 M/s. Macrotech Developers Ltd.

Intervenor / Applicant/Objector

IN THE MATTER BETWEEN

Jagjivandas Samji Suchak .. Deceased

Versus

Induben Jethalal Nagrecha .. Petitioner ..

....................

 Mr. Mohit Sumadiya, Advocate i/by Jeet Gandhi Jaikumar for Intervenor.

 Ms. Vinali P. Bhaidkar, Advocate for Petitioner. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 05, 2025.

P.C.:

1.

Heard Mr. Sumadiya, learned Advocate for Intervenor and Ms. Bhaidkar, learned Advocate for Petitioner. 2.

On 28.11.2025, this Court passed the following order:- "1.

Heard Mr. Khan, learned Advocate for Org. Petitioner in TP 3788/2022.

2.

Mr. Khan would submit that because of the present Interim / Intervention Application filed, Department has withheld issuance of Grant which has been allowed by Court. 3.

Today when the matter is called out, Advocate for Applicant / Intervenor is not present. Hence one final opportunity is given to Applicant to remain present on the next adjourned date failing which present Applicant shall stand dismissed without further reference to the Court. 4.

Copy of this order shall be served on Applicant by Mr. Khan.

8.IA.684.2025.doc 5.

Stand over to 5th December, 2025"

3.

The above order stands complied with and Applicant M/s. Macrotech Developers Ltd. have been duly served. Affidavit of service dated 04.12.2025 has been filed.

4.

Today, when the matter is called out for hearing, Applicant is not present. It appears that Applicant is not interested in prosecuting the present Interim Application. All that the Application states is its impleadment in the proceedings, inter alia, to the Grant. Prima facie the Applicant even otherwise does not have any direct nexus or caveatable interest with regard to deceased.

5.

In that view of the matter and the fact that Applicant is not present, the Interim Application stands dismissed for default. 6.

Department is directed to proceed further in accordance with law.

7.

Interim Application is dismissed.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.12.06 15:49:31 +0530 AJAY TRAMBAK UGALMUGALE