1 NMS.106/2009-TP.841/2005 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.106 OF 2009 IN TESTAMENTARY PETITION NO.841 OF 2005 Renuka Kiran Kale ...Petitioner Vs. Housing Development Finance Corporation Ltd. & Ors. ...Respondents Mr. Pandey i/b. Pandey & Co. Advocate for the Petitioner None for Respondent No.1 Mr. Vishwajit N. Sagare for Respondent No.2 CORAM : SMT. ROSHAN DALVI, J. DATED : 27TH AUGUST, 2010 P.C. : 1. This Notice of Motion essentially seeks relief in terms of prayers (d) and (e) against the Life Insurance Corporation (LIC). 2. The Petitioner is the widow of the deceased. Respondent No.3 is the mother of the deceased. Respondent No.3 was nominated in the LIC Policies. Under Section 39 of the LIC Act the LIC would be entitled and bound to release the amount under Policy on the death of the policy holder in the name of the nominee. Advocate for Respondent No.3 tenders a letter issued by the LIC showing payments made as stated in the affidavit in reply of the LIC. It shows that LIC paid Rs.1,30,708/- under 2 cheques bearing 2 NMS.106/2009-TP.841/2005 Nos. 853794 and 853795 dated 19th May 2006 in favour of the Respondent No.3 in respect of the 2 LIC Policies. 3. Consequently, no deposit of the amount on the Policy can be now directed. No further order against LIC can also be passed since they have complied with the provisions of Section 39 of the L.I.C. Act. 4. Mr. Pandey stated that he does not press any other relief in Notice of Motion. 5. There shall be no order in the Notice of Motion. No order as to costs. (SMT. ROSHAN DALVI, J.)