1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1096 OF 2006 IN SUIT NO.1024 OF 2005 Smt.Madhuri Devi w/o.Laxman Pandit ..Plaintiff V/s Smt.Sunita @ Poonam wd/o.Manojkumar ..Defendants Laxman Pandit & ors And Punjab National Bank ..Respondent Mr.Pramit Mishra i/b.K.S.Mishra, Advocate, for the plaintiff None for the defendant CORAM : R.M.SAVANT, J. DATE : 8TH DECEMBER, 2008 P.C. . The plaintiff has filed the above Notice of Motion seeking a declaration that the defendant No.1 be ordered and directed to deposit in this Hon'ble Court a sum of Rs.2,89,387/- which comprises of her 1/2 share which comes to Rs.1,87,914/- and interest thereon 2 being a sum of Rs.1,01,473/- which is calculated at the rate of 9% per annum from the year 1998 till August, 2005. 2. The plaintiff is the mother of a Naval Official being one Manojkumar Laxman Pandit. The said Manojkumar Laxman Pandit died on 31st December, 1997. The defendant No.1 is the wife of the said Manojkumar Laxman Pandit. The said amount claimed by the plaintiff is out of the amount of Rs.3,75,829/- of the Naval Group Insurance Fund which has been paid over to the defendant No.1 on the death of the said Manojkumar Laxman Pandit on 12th November, 1999 the plaintiff is claiming ½ share out of the said amount. In view of the fact that the said amount has already been paid over to the defendant No.1 on 12th November, 1999. In my view, no relief can be granted to the plaintiff in the above Notice of Motion. Notice of Motion is accordingly rejected. (R.M.SAVANT, J.) 3