IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 38 of 2008 in Petition No. 430 of 2005 Petition for succession Certificate in respect of certain debts.... ..Deceased Parvathy Rama Iyer ..Petitioner vs. 1. Mahalaxmi Krishnan Iyer and another ..Respondents and Indian Bank ..Opponent None for petitioner Mrs.S.A.Joshi for respondent nos.1 and 2. Shri Ajit Dattaram Chouhan, Manager of Opponent Bank present. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 11th April, 2008 11th April, 2008 11th April, 2008 P.C. P.C. P.C. 1. This is an application by respondent nos. 1 and 2 claiming the following reliefs. "(a) That the Opponent be directed to pay to the Respondent no.1 an amount of Rs.40,361.42 from out of the amount lying in the Savings Bank Account No.6615 in the Indian Bank, Andheri (W) Branch, towards her share and that of the respondent no.2 in the estate of the deceased." 2. Mrs.Joshi appearing for respondent nos. 1 and 2 states that the copy of this notice of motion has been served on the original petitioner as also the opponent Indian Bank. 3. The representative of the Indian Bank is present in Court. The petitioner is absent although served. At the request of Mrs.Joshi one week’s time is granted to file the affidavit proving service. 4. Perused the affidavit in support of the notice of motion. It has been stated in paras 3 and 5 that the petitioner has claimed 1/5th share in the estate of the deceased and respondent nos. 1 and 2 are entitled to 1/5th share each. Respondent Nos. 1 and 2 had filed the caveat and affidavit in support thereof. Reliance is placed upon the order dated 9th November, 2006 and the grant by order dated 26th November, 2007. The petitioner has been empowered to collect the debt of Rs.1,78,729./11 along with accrued interest from the Indian Bank. 5. Respondent no.1 is the daughter in law of the deceased. The petitioner is a widow and presently aged 90 years. The son in law of the petitioner is incharge of all the affairs. The apprehension is that upon grant, now, the amount of Rs.2,01,807.11 lying with the Indian Bank in the savings account would be dealt with and thereupon the share of respondent nos. 1 and 2 may not be available. They are entitled jointly to 1/5th share i.e. Rs.40,361.42 is to be paid to her by the opponent Bank from the said savings Bank account no.6615. 6. The service has been effected on 29th March, 2008, according to Mrs.Joshi. The motion is dated 3rd March, 2008. 7. In the aforesaid facts and circumstances, and when there is no opposition to the prayers in the notice of motion so also perusing the orders of this Court and grant, motion is made absolute in terms of prayer clause (a). 8. All concerned to act on authenticated copy of this order. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)