BHAKTAWAR LENTIN Vs. LYLA DARIUS JEHANGIR

JUDGEMENT

(1.) The present Notice of Motion has been taken out by the applicant who is the legatee under the last Will and Testament dt. 21. 04.1989 of one Mr. Pilloo Ghaswalla. The petitioners in the present petition are the executors of the said Will. The respondent No. 1 is the mother of the applicant. Respondent No. 2 is the aunt of the applicant and respondent Nos. 3 and 4 are joined as proper party namely the respective banks against whom certain directions are sought by the applicant.

(2.) By the present motion applicant is seeking direction from this Court against respondent No. 3 to pay over to the applicant a sum of Rs. 1, 27,00,923.63 forming part of two Fixed Deposits lying with them and belonging to the deceased. The applicant is also seeking direction for sum of Rs. 15,50,000/- kept in Fixed Deposit with the said Bank of Baroda be paid over to her with accrued interest. Thus, by prayer (a) of the motion, aforesaid two sums are claimed by the applicant to be paid over to her with interest accrued thereon. It is an admitted position before me that out of the aforesaid 2 sums, an amount of Rs. 1,27,00,923.63 is already been encashed and the amount thereto is lying with the Court Receiver, High Court, Bombay who has inturn invested the same and thus, the direction against the bank is not necessary but the direction is sought for against Court Receiver in substitution of Bank of Baroda. In so far as prayer (b) of the motion is concerned, the learned advocate for the applicant has not pressed the same. In so far as prayer (c) is concerned, directions are sought against Hongkong Bank to pay over to the applicant an amount lying in the credit of the Savings Bank A/c No. 002- 1523346006. Prayer (d) of the motion is also not pressed as the same has been worked out. In so far as prayer (e) of the motion is concerned, same is pressed by the applicant and claimed that the jewellery and other articles of ornaments lying with the Court Receiver and belonging to estate of the deceased piloo Ghaswala be handed over to the applicant as she is entitled to the same. Some of the material facts are briefly set out as under:

(3.) The deceased Piloo Ghaswalla left behind her Last Will and Testament dated 21. 04.1989. Under the Last Will and Testament there were certain bequeaths which were given to the applicant who was minor at the relevant time and thus, till her attaining the age of majority respondent No. 1 was given the said bequeath to be held by her in trust till the time the applicant attains the age of majority. To the said last Will and testament petitioners were the executors and trustees. There were serious disputes by and between the applicant and respondents herein and large number of proceedings are initiated between the parties. Even the petitioners executors has resigned and thereafter this Court appointed Justice M. L. Dudhat (Retired Judge of this Court) as an Administrator of the estate. However, the said Justice M. L. Dudhat has already resigned and has addressed a letter to the applicant that he is not concerned with the estate of the said deceased. Of course, on the other hand respondent No. 1 has contended that Justice M. L. Dudhat continues to be the Administrator and without him being added as party to the present proceeding no relief should be granted to the applicant herein.