1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 52 OF 2009 IN PETITION NO. 10 OF 2009 Sanjay Mishra .. deceased Chaitali Mishra .. Petitioner Mr. Virag Tulzapurkar,Sr. Advocate with Mr. A.B. Shrikhande for the Petitioner None for the Respondent CORAM : DR. D.Y. CHANDRACHUD, J DATE : 24th APRIL, 2009. P.C.: 1. The petition has been filed for seeking Letters of Administration in respect of the properties and credits of the deceased Sanjay Mishra who was a lawyer. Upon his death, the three heirs entitled to a share in his estate are his widow, mother and minor daughter. The value of the estate is worked out as approximately Rs. 89 Lacs and one third share of the minor works out to about Rs. 30 Lacs. The Registry has raised a requisition seeking a justifying surety. Neither the mother nor the Rma NMT5209240409.sxw 2 widow of the deceased are in a position to furnish the surety. However, it has been stated that there are two flats in respect of which an undertaking has been filed for non disposal until the minor attains majority and that this will secure the interest of the minor. 2. The terms on which the requisition is sought to be met are fair and would be consistent with the interests of the minor. The undertaking submitted by Chaitali Mishra and Sandhya Mishra is taken on record and accepted. The Notion of Motion is made absolute in terms of prayer clauses (a) and (b) which read as follows: “(a) That this Hon'ble Court be pleased to permit the Petitioner to secure the interest of the minor daughter of the deceased abovenamed, viz. Sara Kalyanee Mishra, to the extent of Rs. 30,00,000/- in the form of a “non-disposal undertaking” from the Petitioner and Sandhya Mishra, the mother of the deceased in respect of the flats bearing Nos. B-501A (admeasuring 657 sqft) and B-501B (admeasuring 788 sq ft) Lakshachandi Apartments, Krishna Vatikar Marg, Gokuldham, Goregaon(E), Mumbai – 400 063 (hereinafter Rma NMT5209240409.sxw 3 referred to as “the said flats”), which forms a part of the estate of the deceased, to the effect that the said Flat shall not be encumbered, sold or transferred, without permission of the Hon'ble Court till the minor daughter attains majority; (b) That requisition no. 3 of first notice be treated as complied with / dispensed with.” However, on the request of the learned counsel, it is clarified that the undertaking shall not preclude the widow and the mother of the deceased from giving out the flat on leave and license . Moreover, it has been stated before the Court that a letter shall be addressed to the Co-operative society annexing a copy of the order of this Court and of the undertaking. The statement is accepted. A copy of the letter addressed to the Co-operative society shall be placed on record of this proceeding. The motion is according disposed of. (DR. D.Y. CHANDRACHUD, J) Rma NMT5209240409.sxw 4 Rma NMT5209240409.sxw