: 1 : JO-173-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION JUDGES ORDER NO. 173 OF 2010 IN CHAMBER SUMMONS NO.1599 OF 2009 IN SUIT NO.317 OF 2009 Smt. Prerna Sanjay Vedak & Ors. .. Plaintiffs v/s. Amol Pandarinath Vedak .. Defendant And Neha S. Vedak .. Applicant ......... Mr. M.B. Shah i/by Mrs. Soniya Miskin for the plaintiffs Mr. R.V. Sipahimalani i/by Jyoti S. Iyer for defendant Mr. Nitin Muley for applicant in CHS 1599/09 ......... CORAM : R.Y.GANOO, J. DATE : 14th SEPTEMBER,2010. P.C. : 1. The plaintiffs herein have filed this suit for recovery of dues received by the defendant towards Life Insurance Corporation Policy claim on account of death of Sanjay Vedak, husband of plaintiff no.1. Defendant no.1 received Rs.8 lakhs and odd amount from Life Insurance Corporation Policy as a nominee for the policy purchased by said Sanjay Vedak. It is common ground that defendant had deposited this amount in the Court. This amount now forms the estate of the : 2 : JO-173-10=.sxw deceased Sanjay Vedak. On account of deposit of the entire proceeds received by the defendant, the defendant has done his job as a nominee and, therefore, the suit no more remains as contested suit. 2. By the Judges Order, the applicant Mamata Sanjay Vedak, daughter of Sanjay Vedak has prayed that share in the said policy dues be paid to her as she is attained the age of majority. 3. It is noticed that one lady by name Neha Sanjay Vedak has taken out Chamber Summons No.1599 of 2009 claiming herself to be the widow of Sanjay Vedak and she wants that she should be joined as party defendant in the present suit. Status of this Neha as a widow of Sanjay is disputed by the plaintiffs. It is the case of said Neha that a child by name Mihir was born to her on account of her wedlock with Sanjay Vedak and said Mihir and herself are entitled to succeed to the estate of Sanjay Vedak. So far as this suit and the amount lying in the Court are concerned, I am inclined to take a view that keeping the present plaintiffs as heirs of Sanjay Vedak, as also accepting that mother of Sanjay Vedak is the heir, heir of said Sanjay Vedak shall be four in numbers. Keeping in view the claim of said Mihir as heir, at the best as of today, there will be five heirs. Question whether said Mihir is the heir is left open as of today. Looking to the assumptions that there : 3 : JO-173-10=.sxw are five heirs claiming to be the heirs of Sanjay Vedak, without going into the detailed calculation, approximately a sum of Rs. 1 lakh can be conveniently distributed between the present plaintiffs i.e. Prerna, widow of Sanjay, Mamata and Akshata, daughter of said Sanjay Vedak. The remaining amount of Rs.5 lakhs can be retained in the Court so that the present plaintiffs would be able to file suit for administration of the estate of Sanjay Vedak by joining mother of Sanjay Vedak as a party defendant. In such a suit, it may be open for Neha and Mihir to make an application for being joined as party defendants and said application can be considered on the merits. As of today, it may be proper to direct the office to pay to Prerna, Mamata and Akshata a sum of Rs. 1 lakh each so that amount of Rs.5 lakhs and the interest which may have accrued up till today and which may accrue in future can be utilized for distribution amongst the persons who may be found to be the heirs of said Sanjay Vedak in accordance with the provisions of law. 4. It must be mentioned that the aforesaid arrangements are arrived at by keeping in view the common ground that Sanjay Vedak is governed by the provisions of Hindu Law and he died intestate. In view of the above, following order is passed to dispose of the Judges Order. : 4 : JO-173-10=.sxw ORDER (i) The Prothonotary and Senior Master shall redeem existing fixed deposit receipt/s concerning the present suit and collect the proceeds thereof. Out of the amount so collected, Prothonotary and Senior Master shall pay to Smt. Prerna Sanjay Vedak, Ms. Mamata Sanjay Vedak a sum of Rs.1 lakh each. A sum of Rs.1 lakh payable to Ms. Akshata Sanjay Vedak be paid over by drawing a cheque in the name of Smt. Prerna Sanjay Vedak, mother of Ms. Akshata after Smt. Prerna Sanjay Vedak files undertaking with Prothonotary and Senior Master that she will utilize a sum of Rs.1 lakh for maintenance of Ms. Akshata. (ii) The balance sum shall be invested in the fixed deposit initially for a period of 1 year and continue to renew the same for like period till further order. (iii) Prothonotary and Senior Master shall act on the basis of this order on production of authenticated copy of this order. The cheque shall be handed over to the concerned persons within a period of 15 days from the production of authenticated copy of this order. The purpose of the institution of this suit is met with as the defendant Amol, who was a nominee of the LIC policy has performed his job the suit need not remain pending. It can be : 5 : JO-173-10=.sxw disposed of after the amounts are paid as above. (iv) Hence, Suit is adjourned to 25th October, 2010 for passing appropriate orders so as to dispose of the suit. (v) Judges Order stands disposed of in the above terms and hence, the draft judges order is not signed by the Court. (vi) Appropriate orders shall be passed in the chamber summons taken out by Neha on 25th October, 2010. (R.Y.GANOO, J.)