HEMLATA DATTARAM CHALKE Vs. SUSHILKUMAR KESARINATH SAWE

JUDGEMENT

(1.) This Interim Application seeks dispensation of the bond with one surety.

(2.) When the matter is called out, Mr. Divekar, learned Counsel appearing for the Petitioner / Applicant submits that under Rule 420(a) of the High Court (Original Side) Rules,1980 (the "High Court OS Rules ") the person to whom a grant is made, is required to give a bond in Form No.118 with one surety and the bond shall, unless the Judge in Chambers otherwise directs, be given for the gross value of the estate. Mr. Divekar further submits that under Rule 422 (b) of the High Court OS Rules, the surety to the bond is required to justify the whole estate less the share of the grantee and of such sharers as shall consent in writing thereto.

(3.) Mr. Divekar submits that while the Applicant/Petitioner has no objection in giving the administration bond in Form 118, however, the issue is with the bond by the surety in respect whereof a waiver is being sought is necessary in the facts of this case.