Disposed¶24

Rekha Manilal Gada v. Manilal Thavar Gada - Deceased

Bombay HC4 Mar 2025JOT/63/2025

Case brief

AI extract

What is this about?

Bombay High Court, Testamentary and Intestate Jurisdiction; Judges Order (JOT) No. 63 of 2025 in Petition No. 2909 of 2023; mentioning/circulation practice; praecipe lacking grave urgency and not in the prescribed format (format published 3 January 2025); costs of Rs. 5,000 to The High Court Employees Medical Welfare Fund; matter listed in regular course; petitioner Rekha Manilal Gada; deceased Manilal Thavar Gada; directions sought for depositing minors' shares; counsel M. S. Lad; Coram: Arif S. Doctor, J.; decided 4 March 2025.

What did the court decide?

The reasons set out in the praecipe did not disclose any grave urgency warranting circulation. ¶23

Rekha Manilal Gada vs Manilal Thavar Gada - Deceased — Bombay HC (2025) — LawSathi Research

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Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 2025.03.04 17:49:53 +0530

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1 P3-JOT-63-2025.doc

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

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JUDGES ORDER NO. 63 OF 2025

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PETITION NO. 2909 OF 2023

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Manilal Thavar Gada ...Deceased Rekha Manilal Gada ...Petitioner

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Mr. M. S. Lad for the Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 4TH MARCH, 2025

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P.C.:-

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Not on board. Mentioned. Taken on board.

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At the outset, before the board was called, the Associate of this court had informed all the Advocates waiting in the Court seeking circulation that only those matters which were extremely urgent were to be mentioned in terms of the notices published by this Court. The advocates were also informed that in the event any matter was mentioned and it was found that the same was not urgent and contrary to the notices published, then not only would circulation not be granted, but also costs be imposed and the matter would be listed after 6 months.

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Shubham

2 P3-JOT-63-2025.doc

Despite the above Mr. Lad, Learned Counsel for the Petitioner

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mentioned the matter and tendered a praecipe, in which the reasons for seeking urgent circulation were set out as follows :

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“Be pleased to list the above JOT for urgent Orders/Circulation before His Lordship Justice Shri. Arif S. Doctor as Petitioner abovenamed desires to obtained directions in respect of depositing Minors share in this Hon,ble Court.

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a) Date of filling of the Petition-2021

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b) The last date of listing-not listed

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c) Next date of listing-

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d) The week day as per allocation- Friday”

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It is to be noted that the above reasons are firstly what is stated in the praecipe does not set out any grave urgency and secondly the praecipe is not in the format published by this court on 3rd January 2025.

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Hence list the matter in regular course subject to payment of costs of Rs.5000/- to The High Court Employees Medical Welfare Fund, account details of which are as follows:

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Bank Account Details :

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Account name : The High Court Employees Medical

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Welfare Fund at Mumbai.

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Shubham

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3 P3-JOT-63-2025.doc