1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.4 OF 2009 IN TESTAMENTARY PETITION NO.884 OF 2005 Parsram javhersing Makhijani .. Petitioner Versus Manoj Sahebsing Malkani & Ors. .. Respondents Mr.A.G.Toraskar for petitioner Mr.S.Deshmukh for respondents CORAM : S.C.DHARMADHIKARI, J. DATE : 27th February 2009. P.C. . Heard Mr.Toraskar for petitioner and Mr.Deshmukh for respondent No.3. Perused the affidavit in support and reply filed by respondent No.3. 2. From the contents of para 11 of this affidavit in support, what is being alleged by the petitioner is that certain valuables which 2 were there in the subject locker are not now available or traceable. They have been allegedly removed from this locker and the petitioner desires information from the Bank as to who has removed the said valuables. 3. The bank has filed the affidavit stating that the subject locker was in the joint name of the deceased and respondent Nos. 1 and 2 herein. The locker could have been operated by any one or all of them or the survivors of the joint holders or the last survivor. 4. If it is the allegation of the petitioner that the valuables are stolen from the locker or are missing and that respondent Nos. 1 and 2 so also Bank Officials are responsible for the same, his remedy is not to seek any directions by this motion. He may approach the nearest police station and after lodging a complaint, it is for the police machinery to seek necessary orders and 3 directions with regard to the operation of the subject locker. Needless to state that once criminal law is set in motion, the petitioner can seek appropriate reliefs, including in terms of prayers in the notice of motion from the competent authority/ Court. Granting this liberty the motion is disposed of. (S.C.Dharmadhikari, J)