Allowed

Sushil K. Premchand and Another v. Rita K. Premchand (Deceased)

Bombay HC21 Feb 2023IA/485/2023

Case brief

AI extract

What is this about?

Interim application filed to incorporate omitted Schedule of Debts from Testamentary Petition into already granted Letters of Administration. Court allowed the application and directed registry to issue amended Letters.

What did the court decide?

Interim application allowed; Registry directed to issue amended Letters of Administration incorporating the Schedule of Debts.

Sushil K. Premchand and Another Vs Rita K. Premchand (Deceased) — Partition | Bombay HC (2023)

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Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2023.02.22 12:32:16 +0530

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1 (21) IA-485.23.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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INTERIM APPLICATION NO.485 OF 2023

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PETITION NO.2303 OF 2017

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Mrs. Rita K Premchand : Deceased Mr. Sushil K Premchand and anr. : Applicants/Petitioners

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Mr. Vaibhav Pitambare i/by M/s. Crawford Bayley & Co. for the Applicants/Petitioners.

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CORAM : ARIF S. DOCTOR, J. DATE : 21st FEBRUARY 2023

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P.C. :

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The present Interim Application is filed seeking that the Schedule

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of Debts as more particularly set out in the Testamentary Petition be incorporated in the Letters of Administration granted by this Court on 22 nd July 2022.

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Learned Counsel appearing on behalf of the Applicants/Petitioners pointed out that though the Schedule of Debts was mentioned in the Testamentary Petition, the same inadvertently was left out to be mentioned in the Grant. He submits that this inadvertence was not on account of the

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LGC

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Applicants/Petitioners, and thus submits that the present Interim Application ought to be allowed.

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I have heard Learned Counsel for the Applicants/Petitioners. I have perused the copy of the said Interim Application and find that the same is in order and deserves to be allowed in the interest of justice.

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The present Interim Application is therefore allowed in terms of prayer clauses (a) and (b) which read thus :-

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(a) Schedule of Debts as set out in the Testamentary Petition be incorporateated in the Letters of Administration and;

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(b) Amended Letters of Administration be issued after incorporating the Schedule of Debts, etc. as prayed for in this Application.”

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Registry to issue amended Letters of Administration to the Applicants/Petitioners as expeditiously as possible.

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Interim Application is accordingly disposed of.

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(ARIF S. DOCTOR, J.)

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LGC

Sushil K. Premchand and Another v. Rita K. Premchand (Deceased)

Case brief

What is this about?

What did the court decide?

Sushil K. Premchand and Another v. Rita K. Premchand (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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