1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS (TESTAMENTARY) NO.40/2009 IN TESTAMENTARY SUIT NO.09/2007 IN TESTAMENTARY PETITION NO.223/2006 Dr.Arjun Sahgal and another. ..Plaintiffs -VERSUS- Radhika Bhargava and others. ..Defendants AND National Housing Bank & others. ..Respondents ............... Mr.Aziz Khan i/b Divya Shah Associates, for the Plaintiffs. Mr.Gaurang Mehta, Advocate for the Defendants Nos.1 to 3. Mr.A.Solkar i/b S.Khan, Advocate for the Defendant No.4. ............... CORAM: A.P.DESHPANDE, J. 17th June, 2009. PC:- 1 The Plaintiffs have taken out this Chamber Summons and have prayed that direction be issued to the Respondent No.1 National Housing Bank to deposit the maturity amount of Rs.1 Crore along with accrued interest in respect of the Bonds Certificate No.NHB/EA/6096, with the office of the Prothonotary and Senior Master of this Court on its maturity. 2 It is undisputed that the bonds in relation to which direction has been sought does not form a part of the property bequeathed under the Will for obtaining the probate of which the Testamentary Suit is filed. The learned Judge of this Court in an order dated 10.04.2008 has taken a view that the testamentary jurisdiction is very limited and the same is in relation to only two aspects. As to (1) whether the Will is the last Will of the Testator and (2) whether the Will is executed in accordance with law. It is further observed “Similarly question of distribution of the residuary property, if any, not disposed of 2 under the Will cannot be subject matter of the Testamentary Suit.” 3 In that view of the matter, relief prayed for in the Chamber Summons cannot be granted. The Chamber Summons is dismissed. The matter be listed for issues on 15th July, 2009. JUDGE kps