Sunita Nandakumar Wadekar v. Nandakumar Shantaram Wadekar (Deceased)

46-NMT133-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 133 OF 2015 IN TESTAMENTARY PETITION NO. 175 OF 2010 Nandkumar Shantaram Wadekar ...Deceased

Versus

Sunita Nandkumar Wadekar

...Petitioner

Mrs. Indrayani M. Koparkar, for the Petitioner. CORAM: G.S. PATEL, J DATED:

7th June 2016 PC:- 1.

The original Petitioner sought Letters of Administration to the property and credits of her husband Nandkumar Shantaram Wadekar. She obtained the Letters of Administration on 18th February 2014. She has thereafter moved the Officers concerned of S & T Workshop, Byculla, Central Railway, Mumbai to act on the Letters of Administration and to release the pension of the deceased Nandkumar Shantaram Wadekar in her favour. The Affidavit in support of the present Notice of Motion indicates that the Petitioner made repeated applications. This correspondence indicates that the dues were computed in April 2015. Exhibit "F" is a copy of the letter dated 23rd May 2015 from one Mr. K. 7th June 2016

46-NMT133-15.DOC Padmasudaran to Mrs. Koparkar, learned Advocate for the Petitioner admitting that the final settlement dues including family pension had been passed in favour of the Petitioner Smt. Sunita Nandkumar Wadekar. The family pension was supposedly then under process with the Associate Account Office, Parel. Till date, however, nothing has been paid to the Petitioner. Mrs. Koparkar makes this statement on instructions.

2.

The Notice of Motion is made absolute in terms of prayer clause (a).

3.

The Authorities concerned of the S & T Workshop, Byculla, Mumbai shall, acting on production of an authenticated copy of this order, ensure that the entire amount as settled be paid to the Petitioner within a period of four weeks from today, i.e., on or before 8th July 2016. Let it be known to these Authorities that noncompliance of this order will be treated as an act of contempt and will be dealt with accordingly.

4.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 7th June 2016