Gulammohamed Roshanali Lakhani And 2 ORS v. Mohammedali Abdullah Sabuwala (Deceased) And Union Bank Of India (Resp)

70-ia-124-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 124 OF 2023 IN TESTAMENTARY PETITION NO. 1314 OF 2021 Mohammedani Abdullah Sabuwal ...Deceased Gulammohamed Roshanali Lakhani & Ors.

...Petitioners/Applicants

Vs.

Union Bank of India

...Respondent

--- Mr. Yash M. a/w. Dhanashree Gaikaiwari i/b. Bilawal & Co. for the Petitioners/Applicants.

--- CORAM : ARIF S. DOCTOR, J.

th FEBRUARY, 2023 DATE : 14 P.C. :

1.

The present Interim Application is filed seeking details from the Respondent Bank in respect of Mohammedali Abdullah Sabuwala who held accounts therein.

2.

The Petitioners are the executors of the Will of the said Mohammedali Abdullah Sabuwala (the deceased). The learned Counsel for the Petitioners submits that a copy of this Interim Application has been served upon A.B.Kakde 1/2

70-ia-124-2023.doc Respondent, however, none appears. He undertakes to file Affidavit of service within one week from today.

3.

In view thereof, I find that there is no reason as to why the present Interim Applicant should not be allowed. Interim Application is therefore allowed in terms of prayer clause (a), which reads as follows:- "(a) that pending the grant of Probate, the Respondent Bank be directed t furnish details of Bank Account as well as Fixed Deposit of the deceased either in the sole name of the deceased or in joint name with Ms. Yvonne David Taylor and the Respondent Bank do further permit the Applicants to operate the said Bank Account; 4.

In so far as prayer clause (b) is concerned, the same shall be considered afterwards.

(ARIF S. DOCTOR, J) A.B.Kakde 2/2