1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.35 OF 2009 IN TESTAMENTARY PETITION NO.783 OF 2007 Ms.Manasi Walawalkar. ...Petitioner. Versus Sarojini Shridhar Walawalkar. ...Respondent. ....... Ms.Lorraine Misquitta i/b. Mr. Prakash Mahadik for the Petitioner. Mr. N.R. Gandhi for the Applicant. Mr.Sanjay C. Gide, Manager (Legal), representative of Mahindra & Mahindra Ltd. present. ...... CORAM : DR. D.Y. CHANDRACHUD, J. May 8, 2009. P.C.: In pursuance of the previous order dated 17th April 2009, a representative of M/s.Mahindra & Mahindra Ltd. is present before the Court and has placed on record, a communication dated 8th May 2009 of Shri Satish S,Ghogre, Vice President, Employees Relations and Development. The communication dated 8th May 2009 contains a statement of the service dues of the deceased. The dues on account of (i) Gratuity; (ii)The Death Relief Scheme of the Company; and (iii) PL Encashment worked out to Rs.2,67,645/-. There are only two co-sharers in the estate of deceased, namely, the mother and the 2 minor daughter. In the circumstances, M/s.Mahindra & Mahindra Ltd. are directed to deposit 50% of the amount of Rs.2,67,645/- with the Prothonotary & Senior Master of this Court. The balance of the 50% shall be paid over to the Accounts Officer, High Court, Bombay. The Accounts Officer shall invest the amount in a fixed deposit of a Nationalized Bank to be renewed periodically until the minor attains the majority. The statement prepared by M/s.Mahindra & Mahindra also refers to certain other payments which are due and payable, namely, (i) An amount of Rs.20,800/- due from the Co-operative Credit Society Ltd.; (ii) An amount of Rs.11,510/- due under the Employees' Pension Scheme which is to be claimed from the Life Insurance Corporation; (iii) The balance of Rs.1,95,771/- as on 31st March 2008 representing the Provident Fund contribution which is to be claimed from the Regional Provident Fund Commissioner; (iv) Monthly pension due under the Provident Fund Pension Scheme which is to be claimed from the Regional Provident Fund Commissioner; and (v) Death benefit under the Employees' Deposit Linked Insurance Scheme which is to be claimed from the Life Insurance Corporation. 3 M/s.Mahindra & Mahindra, The Mahindra & Mahindra Co-operative Credit Society, Life Insurance Corporation of India and the Regional Provident Fund Commissioner shall deposit 50% of the amounts due and payable with the Prothonotary & Senior Master and the balance with the Accounts Officer, High Court, Bombay. The amount so deposited shall at present be invested in a fixed deposit of a Nationalized Bank to abide by such directions that may be passed by this Court after the grant. The Petitioner shall amend the schedule to the Testamentary Petition as detailed in the letter dated 8th May 2009. Liberty to parties to apply. The Notice of Motion is disposed of. All concerned to act on a copy of this order, duly authenticated by this office. ......