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Bombay High CourtIA/1425/2025disposed off

Dharmesh Narendra Joshi v. Vinodgauri Dalpatram Vyas Deceased

2025-06-12Hon'Ble Justice Kamal Khata2 pages

5-IA-1425-2025.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1425 OF 2025 IN TESTAMENTARY PETITION NO.1032 OF 2020 Dharmesh Narendra Joshi ... Applicant Vinodguari Dalpatram Vyas ...Deceased Mr. Prabhu Velar, i/by Ms. Bina Shivhare for the Applicant. Digitally signed by ASHWINI GAJAKOSH Date:

2025.06.19 18:24:06 +0530

CORAM

Kamal Khata, J.

DATED:

12th June 2025.

PC:- ASHWINI GAJAKOSH 1.

Heard Mr. Velar learned Advocate for the Applicant, and perused the record particularly the letter dated 8th March 2024 received from MRF Ltd. He draws my attention to paragraph 10 of the Applicant offering the Applicant's undertaking.

2.

The Applicant seeks post-grant amendment. The Letters of Administration was granted on 13th January 2021. The Applicant was not aware of the additional asset. 3.

I am satisfied with the explanation offered by the Applicant in the Affidavit dated 2nd January 2025 and therefore inclined to condone the delay in filing the application and allow the Application as prayed.

5-IA-1425-2025.DOC 4.

Accordingly, the Application is allowed in terms of prayers (a) to (d) which reads as under:

"(a) Condone the delay, in filing the present Interim Application;

(b) Allow the Applicant, being the Original Petitioner in the said Testamentary Petition No.1023 of 2020, to amend Schedule-1 of the present Testamentary Petition as per the Schedule of Amendments annexed hereto;

(c) Re-verification may be dispensed with;

(d) Direct the office of this Hon'ble Court to amend the Schedule of assets appearing in the Letters of Administration dated 13th January 2021 issued by this Hon'ble Court, as per the Draft Amendments annexed hereto."

5.

Let the amendment be carried out within a period of two weeks.

6.

The Interim Application is accordingly disposed off. (Kamal Khata, J.)