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2014 Supreme(Bom) 390

R.D.DHANUKA
Ketankumar Manganlal Sharma – Appellant
Versus
Dahiben Vasantkumar Patel – Respondent


Advocates Appeared:
Mr. RUPESH LANJEKAR for the Applicants in CHS.
Mr. T.G. VORA, a/w. Mr. D.R. MISHRA, i/b. Ms. BINA SHIVHARE for the Respondents and Petitioner in TP/466/2010.

JUDGMENT

1. By this Chamber Summons, applicants seek condonation of delay of 140 days in filing caveat and affidavit in support of caveat. This Chamber Summons is opposed by the original petitioner by filing a detailed affidavit in reply. There is no rejoinder filed by the applicants. Some of the relevant facts for the purpose of deciding this Chamber Summons are as under:-

2. On 22.4.2013 citations were received by the caveators at Canada. On 15/25.6.2013, Mrs. Dahiben Vasantkumar Patel who is one of the applicant and was served with citation executed a power of attorney in favour of Mr. Suchindra Bhawarlal Soni. Based on such power of attorney, on 4.7.2013, the said constituted attorney filed caveat in this court on behalf of all the applicants.

3. On 4.7.2013, applicants filed Chamber Summons (59 of 2013) in Petition No. 466 of 2010 inter alia praying for condonation of delay of 40 days in filing caveat. While opposing the said Chamber Summons No. 59 of 2013, the learned counsel appearing on behalf of the petitioner strongly raised an objection regarding the power of attorney dated 15/25.6.2013 on the ground that the same was given only by Mrs. Dahiben Vasantkumar Patel one of the
































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