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Bombay High Court

Mr. Nanak S. Ghatalia vs Urmila S. Ghatalia (Deceased) And Swati ... on 28 June, 2021

Author: G.S. Patel

Bench: G.S. Patel

 9-NMT247-2018 IN CSTL78-2016 WITH MPT70-2015 IN TP815-2009 WITH IAL7385-
                               2020 IN MPT70-2015 WITH IAL4100-2020+.DOC




 Arun



    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        TESTAMENTARY AND INTESTATE JURISDICTION
                 NOTICE OF MOTION NO. 247 OF 2018
                                    IN
              CHAMBER SUMMONS (L) NO. 78 OF 2016
                                 WITH
                  NOTICE OF MOTION NO. 7 OF 2019


 Nanak Ghatalia                                                 ...Applicant
       Versus
 Swati Satischandra Ghatalia                                    ...Caveatrix

           MISCELLANEOUS PETITION NO. 70 OF 2015
                                    IN
           TESTAMENTARY PETITION NO. 815 OF 2009

 Nanak S Ghatalia                                                ...Petitioner
      Versus
 Harshad F Sheth (since deceased) & Ors                     ...Respondents

INTERIM APPLICATION (L) NO. 7385 OF 2020 IN MISCELLANEOUS PETITION NO. 70 OF 2015 IN TESTAMENTARY PETITION NO. 815 OF 2009 WITH INTERIM APPLICATION (L) NO. 4100 OF 2020 Page 1 of 5 28th June 2021 ::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 00:29:19 ::: 9-NMT247-2018 IN CSTL78-2016 WITH MPT70-2015 IN TP815-2009 WITH IAL7385- 2020 IN MPT70-2015 WITH IAL4100-2020+.DOC Swati Satishchandra Ghatalia ...Applicant Versus Nanak S Ghatalia & Ors ...Respondents INTERIM APPLICATION (L) NO. 7992 OF 2020 IN MISCELLANEOUS PETITION NO. 70 OF 2015 IN TESTAMENTARY PETITION NO. 815 OF 2009 Devan S Ghatalia ...Applicant Versus Nanak S Ghatalia & Ors ...Respondents NOTICE OF MOTION NO. 132 OF 2016 IN MISCELLANEOUS PETITION NO. 119 OF 2015 IN TESTAMENTARY PETITION NO. 457 OF 2014 AND MISCELLANEOUS PETITION NO. 119 OF 2015 IN TESTAMENTARY PETITION NO. 457 OF 2014 Devan S Ghatalia ...Petitioner Versus Nanak S Ghatalia & Ors ...Respondents TESTAMENTARY PETITION NO. 457 OF 2014 Nanak S Ghatalia ...Petitioner And Page 2 of 5 28th June 2021 ::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 00:29:19 ::: 9-NMT247-2018 IN CSTL78-2016 WITH MPT70-2015 IN TP815-2009 WITH IAL7385- 2020 IN MPT70-2015 WITH IAL4100-2020+.DOC Urmila S Ghatalia ...Deceased CHAMBER SUMMONS NO. 72 OF 2014 IN TESTAMENTARY PETITION NO. 457 OF 2014 Nanak S Ghatalia ...Petitioner Versus Swati S Ghatalia ...Applicant/ Caveatrix And Urmila S Ghatalia ...Deceased IN PERSON APPLICATION NO. 97 OF 2019 IN TESTAMENTARY PETITION NO. 457 OF 2014 Nanak S Ghatalia ...Applicant And Urmila S Ghatalia ...Deceased MISCELLANEOUS PETITION NO. 26 OF 2017 IN TESTAMENTARY PETITION NO. 815 OF 2009 WITH NOTICE OF MOTION NO. 52 OF 2017 Harshad Fulchand Sheth & Anr ...Petitioners Versus Nanak S Ghatalia & Anr ...Respondents Mr Rohaan Cama, with Shanay Shah, i/b Sapana Rachure, for the Applicant in IAL/4100/2020 and NM/7/2019.

28th June 2021 ::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 00:29:19 ::: 9-NMT247-2018 IN CSTL78-2016 WITH MPT70-2015 IN TP815-2009 WITH IAL7385- 2020 IN MPT70-2015 WITH IAL4100-2020+.DOC Mr Nanak Ghatalia, Applicant present in person in NMT/247/2018. Mr Harshal Ghagre, for Deven Ghatalia (brother).

CORAM: G.S. PATEL, J (Through Video Conferencing) DATED: 28th June 2021 PC:-

1. Heard through video conferencing.

2. These matters are placed at my instance because of the number of emails received from Mr Nanak Ghatalia. I thoroughly disapprove of the content and tone of these emails. It is not for any party to demand explanations from a Court Associate as to whether that Court Associate is or is not functioning under the orders, directions and supervision of the Judge to which he is attached.

Every Associate most emphatically is. He cannot operate in any other fashion. Having explained this as clearly as possible to Mr Ghatalia, I see no reason to go further.

3. These matters have been me for a considerable period of time and are assigned to my Court. In the present scenario of limited days, limited hours and restricted classes of matters being allowed to be listed, it is not possible to list this group of matters for final hearing, which is what Mr Ghatalia wants. I am well aware that the matters have been pending for a long time. Previous orders have already indicated what the various applications and proceedings are and in what sequence they will have to be heard. I need not repeat that again. Mr Ghatalia can rest assured that as soon as it is Page 4 of 5 28th June 2021 ::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 00:29:19 ::: 9-NMT247-2018 IN CSTL78-2016 WITH MPT70-2015 IN TP815-2009 WITH IAL7385- 2020 IN MPT70-2015 WITH IAL4100-2020+.DOC practicable, and once some semblance of normalcy is restored to Court functioning, I will give this group of maters priority in listing for final disposal.

4. The Court Associate is directed to list the entire group first on board for directions once a fresh operating protocol is issued by the High Court on its administrative side permitting hearings on all days of the week and also permitting matters other than time- sensitive, extremely urgent matters to be listed.

5. All concerned will act on production of an ordinary copy of this order.

(G. S. PATEL, J) Page 5 of 5 28th June 2021 ::: Uploaded on - 29/06/2021 ::: Downloaded on - 30/06/2021 00:29:19 :::