1 NM-2757 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.2757 of 2010 IN Suit No.2593 of 2010 Sanjeev Mehta ... ... Plaintiff v/s. Tushar Mehta & ors. ... ... Defendants Mr.Bhavik Manek i/by Wadia Ghandy & Co. for Plff. Mr.D.D. Madon, Senior Counsel with Ms.Khail Behl i/by Kanga & Co. for Deft.No.1. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 24th January 2011 P.C. : 1.The Plaintiff and Defendant Nos.1 to 4 are siblings. Their mother died leaving behind a Will dated 7th March 1996. The Plaintiff has been residing in the United States since 1988. The Defendants have been residing in the United States since 2003. The mother expired on 22nd July 2009 leaving behind the aforesaid Will. Under the Will, the mother has granted her ownership flat to Defendant No.1 upon giving the Plaintiff Rs.30 Lakhs. She has distributed her movable and immovable properties such as to give her daughters Rs.25,000/-, 2 NM-2757 her jewelery and ornaments as per the schedule in the Will and the balance to her grandchildren equally. 2.In letter dated 23rd December 1996, the deceased has stated that the share of the flat will be split 50:50 and, therefore, based on the value of the flat in 1993, which was Rs.40 Lakhs, it had to be equally divided so as to get a share of Rs.20 Lakhs. Out of this share, Rs.7/- to Rs.8/- Lakhs were to be deducted which the Plaintiff owed Defendant No.1 and the Plaintiff was to be paid Rs.12 Lakhs over ten years. It also specifies that Defendant No.1 will be the nominee. This letter is relied upon and produced by the Plaintiff from his own custody as Exhibit-F to the Plaint. Consequently, this letter admitted by the Plaintiff shows the share of the Plaintiff which would have to be paid by Defendant No.1 to him. 3.Consequently, no case for appointment of Court Receiver is made out. However, for the protection of the flat until that share is paid to the Plaintiff, Defendant No.1 in whose favour admittedly nomination was to be made shall not transfer or dispose of the flat. 4.The Plaintiff has applied for disclosure of the assets of the deceased. Defendant No.1 has disclosed certain assets. Defendant No.1 shall also not dispose of those 3 NM-2757 assets pending the suit. The Plaintiff shall be entitled to a certified copy of the statement of the bank account disclosed by Defendant No.1, certified by the bankers under the Bankers Book Evidence Act. 5.So far as the safe deposit locker is concerned, Mr.Madon states that the key of the locker, if any, has not been ascertained. The parties shall not be entitled to open the locker pending the suit. 6.Of course, no order can be passed against Defendant No. 1 for the assets disclosed by the Plaintiff. 7.The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)