: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.78 OF 2007 OF MOTION NO.78 OF 2007 OF MOTION NO.78 OF 2007 IN IN IN PETITION PETITION PETITION NO.639 OF 2007 NO.639 OF 2007 NO.639 OF 2007 Frank Casmir Fernandes, Deceased, Thru’ Josephina Helena Fernandes ...Petitioner V/s. Syndicate Bank ...Respondent Ms.Akhilla Kaushik, Advocate, for the Petitioner. Mr.S.R. Shetty, Advocate, for the Respondent. CORAM CORAM CORAM : : : S.J. VAZIFDAR, J. S.J. VAZIFDAR, J. S.J. VAZIFDAR, J. DATE DATE DATE : 24TH AUGUST, 2007. : 24TH AUGUST, 2007. : 24TH AUGUST, 2007. P.C. P.C. P.C. : : : 1. Admittedly, the amount is lying with the Respondent. Admittedly, the amount is in respect of the Deceased. 2. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a). Needless to add, that the amount shall be retained by the Respondent on account of the Petitioner and shall carry such rate of interest as is by law payable by the Respondent for dollar deposits.