Disposed
Pratap Kumar C. Sharma v. Samit Upadhyayan(Caveator)
Bombay HCCST/149/2012
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from the order text
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GAG
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION.
C.S.T. No.1149 Of 2012
IN Testamentary Petition No. 618 Of 2011.
Rajani Upadhyaya @ Rajani Sharma :: Deceased Pratap Kumar C. Sharma :: Petitioner.
And
Samit Upadhyaya :: Caveator .
Appearance =>
Mr. Mayur Khandeparkar i/by Mr. Hiren Mehta a/with Ms. Rita Pathak, Advocates for the Petitioner.
Ms. Annapoorna Sheshadri i/by Narayan & Narayan, Advocate for the applicant in NMT.
Coram => R.D. Dhanuka, J. Date => 2nd July, 2013.
P.C. :-
By this Chamber Summons, the caveator seeks condonation of delay of one day in filing affidavit in support of the caveat . The petitioner has strongly opposed this Chamber Summons on the ground that the caveator was fully aware of the last will dated 3rd August, 2010. It is also opposed on the ground that the caveator has operated the Bank Locker No.240 standing in the name of the deceased with Kanataka Bank, Hiranandani Gardens Powai Branch.
(2) Mr. Khandeparker, learned counsel appearing for the petitioner states that the caveator be directed to file an affidavit and to disclose as to whether above noted Bank Locker was operated by the caveator as alleged
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in the affidavit and if so, to disclose whereabout of the items lying therein. The caveator is directed to file an affidavit within two weeks from the date of this order and to disclose whether the aforesaid Bank Locker standing in the name of the deceased has been operated by the caveator since the death of the deceased and if so, whether any items lying in the locker has been shifted by the caveator to any other place and if so, the location thereof. Chamber Summons is disposed of in aforesaid terms. No order as to costs.
( R.D. Dhanuka, J.)
Rajani Upadhyaya @ Rajani Sharma
R.D. Dhanuka
As recorded by the court registry
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