1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 12 OF 2010 IN TESTAMENTARY PETITION NO.631 OF 2007 Framroze Kaikhusru Batliboi & Ors. ...Petitioners Vs. Godrej M. Billimoria and Ors. ...Respondents ----- Mr. N.R. Modi a/w. Ms. Harshal Manik i/b. Rusomji & Ginwala for Petitoiners ----- CORAM: V.M. KANADE J. DATED: 12TH MARCH, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioner. 2. The Petitioner has filed this Notice of Motion, seeking directions to the Probationary and Senior Master to hand over the documents mentioned in the Schedule and for a further direction to close the saving bank account standing in the name of Late Cawasji Jehangir Batliboi and issue a cheque in favour of Administrators to the estate of Late Bachubai Jehangir Batliboi and also to close the savings bank account No.197536 and savings bank account No.7741 and transfer shares and securities 2 lying in the Demat Account and to transfer the amount lying to the credit of account no. 000110100014139 with Bank of India mention in the Demat statement and other consequential reliefs. 3. The Petitioner had filed a petition for probate. The said petition was allowed and grant was issued by this Court on 22nd September, 2004. The brother of the deceased viz. Cawasji Jehangir Batliboi who predeceased the deceased on 10th November, 1990 leaving behind him his Will dated 22nd February, 1974 and the Respondent No.1 was appointed an additional Executor of the said Will and Probate was granted in his favour on 9th February, 2001. A Misc. Petition No.9 of 2007 was filed by the Respondent No.1 in this Court and during the pendency of the said petition, in the Notice of Motion, an order was passed, directing him to deposit shares belonging to the Cawasji and lying in the Demat account with Respondent No.5 as well as the details of the bank accounts with original passbooks, bank statements and other relevant details pertaining to the bank accounts. Accordingly, the Respondent No.1 has deposited the said shares and securities and necessary documents. On 13th November, 2009, Misc. Petition No. 9 of 2007 was dismissed. No steps have been taken by the Respondent No.1 to restore the said petition. 3 4. In this view of the matter, it is prayed that the shares and securities which are deposited by the Respondent NO.1 in this Court to hand over to the Petitioner herein. The Petitioner has filed affidavit of service. In spite of service, none appears on behalf of the Respondent No.1. Since the grant has been issued in favour of the Petitioner herein, the Petitioner would be entitled to get the shares and securities issued by the Respondent No.1. 5. In this view of the matter, the Notice of Motion is allowed in terms of prayer clauses (a) to (f). Similarly, so far as the fees of the lawyer of the Respondent No.1 is concerned, the same be paid out of the estate. Hence prayer clause (g) is also granted. 6. Parties to act on the authenticated copy. (V.M. KANADE J.)