IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.45 OF 2009 IN TESTAMENTARY PETITION NO.724 OF 2008 Jasodaben C. Panchal ..Petitioner Vs. Jayshree J. Panchal ..Respondent Mr. V.R.Walavalkar i/b Mr. S.G.Walam for the Petitioner Mr. Rahul Mehta i/b Ms. Disha Karambale and Mr. Pankaj Pandey for the Respondent CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 21st AUGUST, 2009 P.C. : Counsel appearing on behalf of the Petitioner and the Caveator are agreed to the following order being passed with the consent of the parties without recording of any further reasons by the Court : 1. The Caveator shall, within a period of one week from today, deposit with the Prothonotary and Senior Master, the original seven fixed deposit receipts (photocopies of which are annexed at Exhibit-P, pages 71 to 77 of the reply filed by the Caveator to the Notice of Motion) 2. The Prothonotary and Senior Master, shall present the Fixed Deposit Receipts for encashment to the branch Manager, Bank of Baroda, Chakala, Andheri (E), Mumbai, who shall pay the maturity value thereon to the Prothonotary and Senior Master. 3. The Prothonotary and Senior Master shall realise the amounts lying to the credit of the deceased in the Bank of Baroda, B.R. Road Branch, Mumbai under savings bank account No.13100100008319. 4. Upon realisation of the proceeds as aforesaid, the Prothonotary and Senior Master is authorised to give valid and effective receipts of discharge to the concerned banks and to thereupon distribute half the proceeds to the Petitioner and half to the Caveator. The aforesaid arrangements which have been arrived at between the parties are without prejudice to the rights and contentions of the parties and shall not amount to any admission and regard to the status of the parties. The Petition and the Notice of Motion shall accordingly stand disposed of. There shall be a refund of Court Fees, if any, as per rules. (Dr. D.Y.Chandrachud, J)