1 ch-summons-79 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.79 of 2010 IN Testamentary Suit No.53 of 2010 IN Testamentary Petition No.905 of 2009 Mayura Sanjay Gupta .. .. Petitioner/Plff. v/s. Asha L. Gupta & anr. .. .. Respondents/Defts. Mr.Naushad A.K. i/by Madhusoodanan Nair for Petitioner. Ms.Dipti Ponda with Ms.P.A. Mhatre i/by Thakore Jariwala & Asso. for Respondents. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 13th September, 2010 P.C. : 1.This Chamber Summons has been taken out for keeping the suit on board for directions. The Chamber Summons is granted. The suit is forthwith kept on board. The Affidavit-in-support of the Caveat is seen. Issues would be required to be framed in the suit which has become the Testamentary Suit pursuant to the Affidavit- in-support of the Caveat being filed. The Caveat has been filed since the Petition has been filed under the Testamentary and Intestate Jurisdiction of this Court 2 ch-summons-79 as the Testamentary Petition for grant of Letters of Administration. 2.It is argued on behalf of the Defendants/Caveators that the Petition has been filed without disclosing the correct assets for grant of Letters of Administration and disregarding the family arrangement that has been entered into between the parties on 29th April 2004. It is seen that the Testamentary Petition for Letters of Administration could not have been filed in view of the opposition thereto by the Caveators. The Administration Suit is the correct remedy which is available to the Petitioner. Such suit is required to be filed upon payment of ad-valorem Court fee in respect of the estate of the deceased which is sought to be administered in the suit. The defence, that is raised in the Caveat, would, therefore, be raised in such suit. Consequently, the Petition for Letters of Administration, when the testator died intestate, would not be maintainable. 3.The Petition is adjourned to 27th September 2010 to consider its maintainability and failing which to dismiss the Petition. (SMT.ROSHAN DALVI, J.)