1 NMS.33/2010-TP.427/2009 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 33 OF 2010 IN TESTAMENTARY PETITION NO. 427 OF 2009 Mrs. Padmini Hariram Chellwani ...Deceased 1. Asha Hariram Chellwani 2. Renuka Hariram Chellwani ...Petitioners/Plaintiffs Vs. Vijay Hariram Chellwani ...Caveator/Defendant Mr. A.S. Khatib, Advocate for the Petitioners/Plaintiffs Ms. Varsha Pallav, Advocate for Respondent/Caveator/Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 27TH AUGUST, 2010 P.C. : 1. The Caveator/Defendant/Respondent is one of the nine heirs of the deceased Padmini Hariman Chellwani who died on 8th February 2009. Under the Will the Petitioners who are the unmarried daughters of the deceased testatrix have an exclusive right to reside in the flat left by the deceased. They have been nominated in the Society’s records. The flat has, therefore, been transferred to their names. They do not desire to dispose off, transfer, sell or alienate or part with possession or create any 2 NMS.33/2010-TP.427/2009 3rd party rights in the flat. Mr. Khatib on their behalf makes a statement. The statement is accepted. 2. The Caveator/Defendant/Respondent claim that the deceased left behind certain cash and bank balances. He has not produced the statements of accounts. However, he has stated that the bank balances were in State Bank of India, Union Bank of India, Allahabad Bank, HDFC Bank and Jankalyan Co-operative Bank Ltd., all having their branches at Juhu, Mumbai. The Caveator/Defendant/Respondent shall be entitled to obtain the bank statements of the deceased’s account, if any, in the Juhu branch of the aforesaid banks to ascertain what amount of cash and bank balances the deceased left as on the date of her death. 3. The aforesaid banks are requested to issue the statement of account of the deceased in Juhu branch of these banks as of the year 2008. 4. The Caveator/Defendant/Respondent states that the deceased left behind certain jewelry. Aside from the weight of the jewelry no particulars are given. Hence no order in that behalf can be passed. The Will itself shows no other properties disposed off. Hence, no further disclosure is required to be made. 5. Hence the order: 1. The statement made by Mr. Khatib on behalf of the Petitioners that the Petitioners shall not dispose off, transfer, sell or alienate or part with possession or create any 3rd party rights in their 3 NMS.33/2010-TP.427/2009 residential flat is accepted. 2. Juhu Branch of the Banks stated in this order are requested to give a statement of the Bank Accounts of the deceased of the year 2008. 3. There shall be no other order in the Notice of Motion. 4. No order as to costs. 5. After the Petitioner obtains the bank statements of the aforesaid banks he may make such application as required. (SMT. ROSHAN DALVI, J.)