1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5733 OF 2009 Mohammadali Yakub Baig .. Petitioner Vs Sherbano Yakub Baig & Ors .. Respondents M.S. Karnik for the petitioner Mr. Sachin Pande i/b Sameer Singh for respondent no. 1 CORAM : A.S. OKA, J DATE : 28th JULY, 2009 P.C.: 1. Heard learned counsel for the petitioner and learned counsel for the first respondent. The petitioner is the opponent in an application filed by the respondent nos. 1 to 5 for grant of a succession certificate under Section 372 of Indian Succession Act, 1925 in respect of certain debts and securities. 2. The scope of the proceedings under Section 372 of the said Act of 1925 is very narrow. The rights and liabilities of the contesting Rma wp5733-09.sxw 2 parties as regards the debts and securities are not decided in such applications. The effect of grant of succession certificate is that a debtor gets a valid discharge by making payment to the person who produces a succession certificate. Even if a succession certificate is granted, the persons who are claiming entitled to the debts and securities in respect of which succession certificate is granted can always file a suit or a substantial proceedings for establishing their rights in respect of debts and securities. 3. Considering the limited scope of proceedings, it is not necessary to interfere with the impugned order by which the petitioner was denied permission to file a separate / additional written statement. 4. Subject to what is observed above, writ petition is rejected. JUDGE Rma wp5733-09.sxw 3 Rma wp5733-09.sxw