Mrs.Mehnoor Ali Abbas And ORS v. Syed Sarfaraz Hussain And ANR

4-TP647-99.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 647 OF 1999 Mehnoor Ali Abbas & Ors

...Petitioners

And Syed Sarfaraz Hussain ...Deceased Mr Munir Merchant, with Shadab C Peerzade, i/b MZM Legal, for the Petitioners.

CORAM: G.S. PATEL, J DATED:

5th September 2018 PC:- 1.

Letters of Administration have already been granted to the property and credits of the deceased. There was apparently Locker No. 584 with Dena Bank, Peddar Road branch. This was listed in the schedule. The Letters of Administration were shown to the bank but the Manager insisted on an order to deliver the jewellery in that locker to the Petitioners.

2.

The bank is not wrong. An order of this kind is required for safety and by way of abundant precaution. By this order, therefore, the Manager of the Dena Bank, Peddar Road Branch will deliver all the contents of Locker No. 584 in that branch to the Petitioners or their duly authorized representative or legal advisors. 5th September 2018

4-TP647-99.DOC 3.

The Branch Manager will act on production of an authenticated copy of this order.

4.

An inventory will be made at the time of delivery of possession, a copy of which will be retained by the Branch Manager for his records. The inventory is to be signed by the Manager in whose presence it is to be made as also by the representatives of the Petitioners and those present at the time.

(G. S. PATEL, J) 5th September 2018