1 NMT 7.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISIDCTION NOTICE OF MOTION NO. 7 OF 2O11 IN PETITION NO. 139 OF 2009 Late Satabai widow of deceased Laxmichand Thakurdas Chhabria. ... Deceased. Rani Lalchand Kalro. ... Petitioner. V/s. Purushottam Nagpal & Ors. ... Respondents. Mr. A.K. Chauhan for the Petitioner. Mr. A.W. Ansari for Respondent 1. Mr. M.G. Gawde for Respondent 3. CORAM : R.Y. GANOO, J. DATED : 7th MARCH 2011. P.C. :- Affidavit in reply is filed by Respondent No.1 opposing this Notice of Motion. Respondent No.2 absent though served. 2. The probate has been granted by this Court in Probate Petition No. 139 of 2009 in regard to the Will of Smt. Satabai Laxmichand Chhabria. The two items described in prayer clauses (a) and (b) respectively are set out in item Nos. 3 and 4 in the Schedule of the property in regard to which probate has been granted. 2 NMT 7.11.sxw 3. Learned Counsel appearing on behalf of Respondent No. 1 tried to submit before this Court that the amounts covered by the two items at Sr. Nos. 3 and 4 was not an exclusive property of the deceased and his client has a right in respect of those two Bank Accounts and the F.D.R. 4. By prayer clauses (a) and (b), the amounts lying in the two items are sought to be withdrawn from the Bank. 5. If Respondent No.1 wants to say that he is having a share in the Item Nos. 3 and 4 or that he is full owner of those two items, it will be necessary for him to apply for revocation of the probate. Till that is done, this Court has to proceed on the basis of probate granted. 6. In view of this, the Plaintiff is entitled to reliefs in terms of prayer clauses (a) and (b). Since Respondent No.1 is interested in taking out appropriate proceedings for revocation of the probate as of today, it would be proper to allow the Petitioner to grant relief in terms of prayer clause (a) by allowing him to withdraw monies by furnishing bank guarantee equivalent to the amount which will be lying in the HDFC Bank. 7. In so far as prayer clause (c) is concerned, learned Counsel for the Petitioner applied for withdrawal of the Motion and sought liberty to file appropriate Motion for appropriate 3 NMT 7.11.sxw relief, looking to the fact that properties mentioned in prayer clause (c) are shares. 8. Since Respondent No.1 wants to file proceedings for revocation of the probate, this order can be put into effect only after 1st April 2011. 9. Hence, following order is passed to dispose of the Notice of Motion :- (i) Relief in terms of prayer clauses (a) and (b) is granted subject to the Plaintiff giving Bank guarantee of a Nationalized Bank in regard to the actual amount which he will be receiving from HDFC Bank. (ii) The Motion is allowed to be withdrawn in so far as prayer clause (c) is concerned with liberty to the Plaintiff to take out appropriate proceedings in so far as property covered by prayer clause (c). This order shall give effect from 1st April 2011. (iii) There shall be no order as to costs. (R.Y. GANOO, J.)