The court condoned a 215-day delay and restored the petition, but refused an extension for removing office objections, granting an absolute deadline of April 29, 2016, with automatic dismissal if not met.
Delay of 215 days condoned; petition restored; deadline for office objections set at April 29, 2016; no extension granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
913-NMT-49-2016.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 49 OF 2016
IN
TESTAMENTARY PETITION NO.1559 OF 2013
Gautam Kush Khanna… Deceased
Versus
Manisha Gautam Khanna...Petitioner
Ms. Vaibhavi Gole, i/b. M/s. Devan Dwarkadas & Partners for the
Petitioner.
CORAM: G.S. PATEL, J. DATED: 7th April 2016
P.C.
1.The Petition was dismissed in default. There is a delay of 215
days in filing this Notice of Motion for restoration. I am quite
willing to restore this Petition which is so far uncontested. But I
absolutely will not grant prayer clause (b) in the manner it is worded
seeking eight weeks’ time to remove office objections.
2.The delay is condoned. The Petition is restored to file. All
office objections to be removed on or before 29th April 2016 with
no possibility of an extension. The Advocates for the Petitioners are
not permitted to mention the matter for extension of time.
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913-NMT-49-2016.DOC
3. If the office objections are not removed by 29th April 2016, the Petition will stand dismissed automatically without further reference to the Court and will not be restored thereafter under any circumstances.
4. The Notice of Motion is disposed of in these terms with no order as to costs.
(G. S. PATEL, J.)
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2 issues framed by the court
Whether to condone delay and restore the petition filed in default after 215 days?
Whether to grant an extension of time for removing office objections?
Gautam Kush Khanna M/o Manisha Gautam Khanna
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court