In this testamentary suit, the High Court of Bombay disposed of a notice of motion regarding the withdrawal of application for appointment of a commissioner due to the plaintiff's inability to afford costs. The matter was listed for cross-examination and future directions were reserved.
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.
29-NMT257-17.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 257 OF 2017
IN
TESTAMENTARY SUIT NO. 187 OF 2015 IN
TESTAMENTARY PETITION NO. 1550 OF 2014
...Plaintiffs
Sanjay Krishnakant Kalgutkar & Anr...Plaintiffs
Versus
Shekhar Krishnakant Kalgutkar & Anr…Defendants
Mr Sameer Jagtap, i/b Jagtap & Jagtap, for the Plaintiffs.
Mr RS Raymond, with Prathmesh A., i/b M/s. Raymond & Co., for
Defendant No. 2.
CORAM: G.S. PATEL, J DATED: 20th February 2018
PC:-
1.On the Plaintiff’s submission the reference to the
Commissioner made on 4th May 2017 is withdrawn to Court as the
Plaintiff, a retired person, cannot afford the costs and fees.
2.List the matter on 21st March 2018 for recording cross-
examination of PW 2.
Page 1 of 2
20th February 2018
29-NMT257-17.DOC
3. As regards the Commissioner’s fees payable by Defendant No. 1, directions will be passed on the next occasion as the Defendant No. 1 is neither present nor represented today.
4. The Notice of Motion is disposed of in these terms.
(G. S. PATEL, J)
Page 2 of 2
20th February 2018
Sanjay Krishnakant Kalgutkar and Anr
Shekhar Krishnakant Kalgutkar and Anr
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court