KETAN KISHOREDAS MEHTA (CAVEATOR) vs SHAUNAK CHOKSI

IA-2807-2024 & 2156-2023 (1).doc 1. Interim Application No. 2807 of 2024 has been preferred by the Caveator seeking condonation of delay of 133 days in filing of the affidavit in support of the Caveat. Interim Application No. 2156 of 2023 has been filed seeking dismissal of the Caveat. Both applications were taken up for hearing together and common submissions were canvassed and both applications are being decided by this common order. INTERIM APPLICATION NO 2807 OF 2024: 2. The Caveat is filed by one Ketan Kishoredas Mehta on 21 st July, 2018, claiming to be creditor of the deceased. The Affidavit in support of Caveat was filed on 14th December, 2018. The application seeks condonation of delay of 133 days caused in filing the Affidavit in support of Caveat. Under Rule 402 of the Bombay High Court (Original Side) Rules, the Caveat is required to be filed within eight days of service of citation and the affidavit in support of Caveat is required to be filed within 14 days of filing of Caveat. The application pleads that the father of the Caveator, Kishoredas Mehta, had obtained decree SQ Pathan 3/33 IA-2807-2024 & 2156-2023 (1).doc dated 27th June, 2006 against the deceased and had