1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.2327 of 2007 IN Suit No.1186 of 2004 Jer Jawhar Thadani .. .. Plaintiff v/s. Mohan Gurbaxani & ors. .. .. Defendants Mr.Snehal Shah with Mr.Mitesh Naik i/by Dhru & Co. for Plff. Mr.K.G. Munshi with Mr.P.A. Mhatre i/by Thakur Jariwala & Associates for Deft.No.6. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 7th June, 2010 P.C. : 1.The only dispute between the parties for which the direction is claimed in this Suit is with regard to the monies of certain accounts of the testator being deposited in an SBI NRE Account, Cuffe Parade Branch, Mumbai being NRE Account No.01192044542. That account has been closed by Defendant No.1 who is the executor under the Will of the testator with regard to properties in India. That account forms a part of the estate of the deceased in India. 2.The deceased also left certain estate abroad. The deceased executed another Will in America with regard 2 to that estate. Under that Will, the executor one Mr.Prem Malkani is required to deposit the amount in the aforesaid NRE Account in SBI, Cuffe Parade Branch. Since that account is closed, another NRE Account shall have to be opened. Defendant No.1, who is present in Court, instructs his Advocate to state that he is agreeable to open an NRE Account in SBI, Cuffee Parade Branch since the aforesaid account is closed by him, pending the Probate Petition itself. Hence the following order:- ORDER a) Defendant No.1 shall open an NRE Account in SBI Cuffee Parade Branch, Mumbai, within 2 weeks from today and inform the Plaintiff of such Account. b) The Plaintiff shall inform the executor Prem Malkani in the other Will of the deceased to carry out the directions under that Will which has been probated by the American Court. c) The Plaintiff shall be entitled to take out further application with regard to the deposit of the amounts in the NRE Account opened by Defendant No.1. d) The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)