1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 24 OF 2008 IN SUIT NO. 38 OF 2007 IN PETITION NO. 554 OF 2006 WITH NOTICE OF MOTION NO. 137 OF 2008 IN SUIT NO. 38 OF 2007 IN PETITION NO. 554 OF 2006 Prakash Sunderdas Aswani. ... Plaintiff. V/s. Mahesh K. Aidasani & Ors. ... Defendants. Mr. N.N. Vaishnawa i/b. N.N. Vaishnawa & Co. for the Plaintiff in TS 38/07 and in support of NM 137/08. Mr. Girish Kedia for the Applicant Nos.1 and 2 in NM 24/08. Mr. R.G. Bhatt a/w. Lata Wadhwani for Respondent no.1 in NM 24/08. Mr. U.J. Makhija a/w. Preeti Shah for the Plaintiff in TS 61/09 and for Defendants in TS 38/07. CORAM : S.C. DHARMADHIKARI,J. DATED : 9th DECEMBER 2009. P.C. :- On instructions, Mr. Kedia, learned Advocate appearing in support of this Notice of Motion does not press prayer clause (a). He states that liberty be reserved to the Applicants to adopt appropriate proceedings in so far as this relief is concerned. In the light of this statement, no order as far as prayer clause (a). Liberty is reserved to adopt appropriate 2 proceedings and all contentions of both sides are kept open. 2. As far as prayer clauses (b) and (c) are concerned, my attention is invited by both sides to an order dated 4th March 2008 passed by this Court directing disclosure on affidavit and it is stated that due compliance is made by the Petitioner and Respondent Nos. 1 and 2. They have filed such affidavits. If the Applicants are seeking any reliefs in terms of the disclosures, then, their remedy is to adopt appropriate proceedings. Rather, they must adopt substantive proceedings of their own. In these circumstances, without expressing any opinion on the disclosures and the merits of the controversy, this Motion is disposed off in terms of the ad- interim order but by keeping open all remedies of the Applicants. 3. It is stated by both sides that some amounts are lying with the Prothonotary and Senior Master of this Court. Some of the deposits/certificates are in the name of the deceased. Parties to the present proceedings are agreeable that the Prothonotary and Senior Master of this Court takes appropriate steps so as to invest the amounts and whereever necessary, by making corrections in the records so also by substituting the name of the Prothonotary and Senior Master therein. Let these steps be taken within a period of four weeks from today. The Prothonotary and Senior Master is also authorized, by consent of parties, to recover the monies which were due and payable to the deceased and thereafter, deposit them in a 3 fixed deposit with a Nationalized Bank, until further orders/directions of this Court. 4. Mr. Vaishnawa states that the issues may not be framed today as the Petitioner is desirous of adopting the proceedings to have the Caveat filed by Mr. Mahesh Aidasani dismissed. It is clarified that if no such proceedings are adopted by the next date, this Court will proceed to frame the issues. Stand over to 13th January 2010. 6. Perused Notice of Motion No. 137 of 2008 and the affidavit in support so also the affidavit in reply. In my view, the remedy of the Petitioner/Plaintiff is not to file this Notice of Motion but to adopt substantive proceedings. Keeping open such remedies and the contentions therein, this Motion is disposed off. (S.C. DHARMADHIKARI,J.)