:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.126 OF 2007 PETITION NO.946 OF 2007 Petition for Letters of Administration of the last Will and Testament of Mr.Farrokh Rustomji Bengali ..Deceased. Mr.Rutton Hormusji Kavrana ..Petitioner. Vs. Mr.Boorgis Hormazd Bejonji Doctor ..Respondent. Mr.R.H.Mirza for the Petitioner. Mr.H.C.Mehta i/b.Mehta & Co. for the Respondent. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 18TH JANUARY, 2008 DATED : 18TH JANUARY, 2008 DATED : 18TH JANUARY, 2008 P.C. : P.C. : P.C. : The Notice of Motion and the petition are disposed of by the following order :- i) In terms of the order dated 14th December 2007, the petition for probate has been filed by the Respondent. The Petitioner undertakes to file a further affidavit within four weeks from today, disclosing the manner in which the amounts withdrawn from the bank accounts have been utilised/dealt with. A copy of the said affidavit shall be furnished to the :2: Respondent’s Advocate. ii) This order is without prejudice to the rights and contentions of the parties on merits including as to the nature of the affidavits and as to whether the properties have been illegally dealt with including in violation of the order dated 14th December, 2007. iii) It is clarified that the injunction restraining the Petitioner and the Respondent from disposing of the assets of the deceased shall continue pending the hearing and final disposal of the probate petition filed by the Respondent.