1 JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISDICTION NOTICE OF MOTION NO. 175 OF 2009 IN SUIT NO. 27 OF 2006 IN PETITION NO. 158 OF 2006 Chandrakant Kotak & Ors. ... Plaintiffs. V/s. Sanat Vallabdas Kotak. ... Defendant. And Dena Bank. ... Respondent. Mr. Raj Patel with Viloma Shah i/b. M/s. Hariani & Co. for the Plaintiffs. Mr. D.D. Belosey for the Defendant. CORAM : R.Y. GANOO, J. DATED : 06TH MAY 2010. P.C. :- Mr. Belosey, learned Advocate for the Defendant has no objection in granting this Motion. 2. Hence, Motion is made absolute in terms of prayer clauses (a), (b) and (c). 3. The Prothonotary and Senior Master to appoint an officer to perform the job of Commissioner as set out in prayer clause 2 (b). The Prothonotary to act on authenticated copy of this order and the true copy of the motion be supplied by the Advocate for the Plaintiff. 4. Learned Advocate Mr. Belosey tenders a letter addressed to him by the Defendant informing Mr. Belosey that the Defendant does not wish to press the Caveat. In view of this, Mr. Belosey applies for withdrawal of the Caveat. Accordingly, the Caveat stands withdrawn. 5. Testamentary Suit No. 27 of 2008 stands disposed of as it has become infructuous with no order as to costs. Office to proceed to process the Petition No. 158 of 2006 after the original will is produced before the Court and grant probate in accordance with the provisions of law. 6. Letter tendered by Mr. Belosey is taken on record. (R.Y. GANOO, J.)