Bombay High Court
Armin Ghadiali vs Farokh Ghadiali on 30 November, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
1 9 ps 16-17-os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PARSI SUIT NO.16 OF 2017
Armin Ghadiali ... Plaintiff
Vs.
Farokh Ghadiali ... Defendant
-------
Ms.Taubon F. Irani with Ms.Disha Shetty, Advocates for the Plaintiff.
None for the Defendant.
In the presence of the following delegates:-
1. Mr. Errick Elavia (Fore person)
2. Commodore Medioma Bhada (Retd.)
3. Mr. Farhad H. Hozdar
4. Ms. Pearl Mistry
5. Rumy Zarir
-------
CORAM : ABHAY AHUJA, J.
DATE : 30 NOVEMBER, 2023. P.C. :
1. Today the matter has been listed before this Court conducting the Parsi session where the empanelled delegates have also been elected to aid this Court in the trial of the suit.
2. When the matter is called out, Ms. Taubon Irani, learned counsel for the Plaintiff submits that neither the Defendant has appeared nor anyone appears for the Defendant and the matter be taken up ex-parte. Learned counsel seeks Priya R. Soparkar 1 of 3 ::: Uploaded on - 01/12/2023 ::: Downloaded on - 02/12/2023 23:36:04 ::: 2 9 ps 16-17-os.doc leave of this Court to file affidavit of examination-in-chief alongwith compilation of documents which she submits is yet to be affirmed.
3. On a query from the Court whether in a matter which is to be taken up exparte, presence of the delegates is necessary. Ms. Irani draws the attention of this Court to Section 19 of the Parsi Marriage and Divorce Act, 1936 and submits that in the absence of one of the parties, the matter would be proceeded ex- parte, without a trial and therefore it would not be necessary to seek the aid of the delegates. In support, learned counsel refers to section 35 as well as sections 45 and 46 of the said Act.
4. Learned counsel submits that since the provisions of the Code of Civil Procedure apply to this proceeding, this Court in accordance with the Code of Civil Procedure may proceed with the matter ex-parte and list the matter for ex- parte hearing on a date convenient to the Court.
5. Having heard the learned counsel and having considered the submissions and having perused the provisions cited by the learned counsel, I am of the view that the presence of the Hon'ble delegates may not be necessary in deciding the matter ex-parte.
6. Accordingly, list on 13th December, 2023.
Priya R. Soparkar 2 of 3
::: Uploaded on - 01/12/2023 ::: Downloaded on - 02/12/2023 23:36:04 :::
3 9 ps 16-17-os.doc
7. Let affidavit of examination-in-chief of the Plaintiff alongwith the
compilation of documents be filed by the next date.
8. This Court appreciates the presence of the empanelled delegates elected to aid in the trial, however, since the matter is being listed for exparte hearing this Court may not need their aid for the same.
(ABHAY AHUJA, J.)
Priya R. Soparkar 3 of 3
::: Uploaded on - 01/12/2023 ::: Downloaded on - 02/12/2023 23:36:04 :::