ssm 1 922.nms.1266.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1266 OF 2011 IN SUIT NO. 831 OF 2011 Raju Motiram Chandiramani ....Plaintiff Versus Nirmala Gulabbhai Advani and others ....Defendants ____________ Mr. Paritosh Jaiswal with Mr. Santosh Srivastava i/b. Mr. Daya Gupta for the Plaintiff. Mr. Roshan D'Souza for the Defendant No. 1. Mr. Simil Purohit with Mr. Sachin Joshi for the Defendant No.2. CORAM: DR. D. Y. CHANDRACHUD, J. DATED : APRIL 28, 2011. P.C.: The suit has been filed for the administration of the estate of Roma Motiram Chandiramani, who died on 17 September, 2009. The deceased was married to Motiram Chandiramani, who died on 10 February, 1999. Motiram was originally married to Mohini. The Plaintiff and the Second Defendant are the sons of Motiram and Mohini. After the death of ssm 2 922.nms.1266.11 Mohini, Motiram married Roma in 1959. 2 According to the Plaintiffs, they are the only heirs who are entitled to succeed to the estate of Roma in view of the provisions of Section 15 (1)(b) of the Hindu Succession Act, 1956. Roma died intestate. The deceased and her husband had no children of their own. Hence, under Section 15 (1)(b), prima facie the estate of Roma devolves upon the Plaintiffs and the Second Defendant who are the heirs of her husband. 3. The relief now sought in the Motion is for a direction to Respondent Nos. 2 to 6 with whom the deceased had several Bank Accounts, Mutual Funds and Fixed Deposits for depositing the money standing to the credit of the deceased in Court. The First Defendant is a nominee in respect of the Bank Accounts, Mutual Funds and Fixed Deposits. Counsel appearing on behalf of the First Defendant states on the instructions of the First Defendant, who is present in Court, that the First Defendant does not claim any interest in the estate of the deceased since she was only a ssm 3 922.nms.1266.11 friend of the deceased and, as a matter of fact, she was not aware that she was a nominee. 4. In the circumstances, since the First Defendant does not claim interest in the estate of the deceased, it would be appropriate in the interests of justice to grant relief in terms of prayer clauses (b) and (c), which read as follows: (b) (i) pending the hearing and final disposal of the suit, Respondent No.1 be directed to deposit in this Hon’ble Court monies in respect of savings bank account as mentioned in schedule (a) of Exhibit 1 to the Affidavit-in-Support of the Notice of Motion. (ii) pending the hearing and final disposal of the suit, Respondent No.2 be directed to deposit in this Hon’ble Court monies in respect of savings bank account as mentioned in schedule (b) of Exhibit 1 to the Affidavit-in-Support of the Notice of Motion. (iii) pending the hearing and final disposal of the suit, Respondent No.3 be directed to deposit in this Hon’ble Court monies in respect of pension account as mentioned in schedule (c) of Exhibit 1 to the Affidavit-in-Support of the Notice of Motion. (iv) pending the hearing and final disposal of the suit, Respondent No.4 be directed to deposit in this Hon’ble Court monies in respect of fixed deposits as mentioned in schedule (d) of Exhibit 1 to the ssm 4 922.nms.1266.11 Affidavit-in-Support of the Notice of Motion. (v) pending the hearing and final disposal of the suit, Respondent No.5 be directed to deposit in this Hon’ble Court monies in respect of mutual fund as mentioned in schedule (e) of Exhibit 1 to the Affidavit-in-Support of the Notice of Motion. (vi) pending the hearing and final disposal of the suit, Respondent No.6 be directed to deposit in this Hon’ble Court monies in respect of mutual fund as mentioned in schedule (f) of Exhibit 1 to the Affidavit-in-Support of the Notice of Motion. (c) Pending the hearing and final disposal of the suit, the Respondent No.1 be directed to furnish to the Plaintiff a Certified copy of the Pass-Book in respect of Saving Bank Account No.00241010060607 (bank of India) for the last 3 Years. 5. The Notice of Motion is accordingly disposed of with liberty to apply for further relief after the money has been deposited in the Court with the Prothonotary and Senior Master. (DR. D. Y. CHANDRACHUD, J.)