1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.20 OF 2008 IN TESTAMENTARY PETITION LOD.NO.718 OF 2007 Dinshaw H. Sahiar .. Petitioner Versus Mrs.Shirin Vajifdar .. Caveator and First Leasing Company of India Ltd. and Anr. .. Respondents. Mr.Modi i/b. R.Ginwala for petitioner None for Caveator. CORAM : S.C.DHARMADHIKARI, J. DATE : 21st November 2008 P.C. . Heard Mr.Modi for petitioner. Mr.Modi states that notice on the caveator has been duly served. There is an affidavit filed in reply by the caveator but Mr.Modi invites my attention to the roznama and contend that after filing this affidavit, the Caveator has remained absent on 18th July 2008 and even on the last occasion when 2 the matter was adjourned till today. 2. He states that the controversy on merits need not be adjudicated upon at this stage. The limited request is that the petition for probate itself will not be processed and the petition numbered, unless compliance is made with the objections raised by the office. One of the office objections raised pertains to payment of court fees on the petition. He submits that the petitioner is unable to arrange for the monies and it is not as if the estate does not have the funds. He invites my attention to the affidavit in support and contends that both respondents have pointed out that there are some amounts which are lying deposited with them and these sums are sufficient to meet the requirements insofar as payment of probate/court fees. 3. I have perused the petition and the affidavit in support and the reply thereto. From 3 the reply it does not appear that the caveator has encashed deposits with respondent Nos.1 and 2. She claims to be the only heir to the said deposits, but that aspect has not been adjudicated upon. All the more, if the monies are brought in this Court and deposited, the controversy can be better resolved. 4. Therefore, without prejudice to the rights and contentions of both sides, at this stage, interest of justice would be sub-served, if this motion is made absolute in terms of prayer clauses (a) to (c), subject to above. Needless to once again clarify that this Court has not gone into the rival contentions with regard to the validity and genuineness of the will so also the rights of the parties to claim estate of the deceased. Motion is made absolutely accordingly. This order is passed after the court was satisfied that not only the caveator but the respondents are served. All 4 concerned to act on an authenticated copy of this order. (S.C.Dharmadhikari, J)