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Madras High CourtA/3685/2019closed

Mrs.Christiana Jaya Shobana v. Babiola Marie Jayashree And 3 Others

2019-06-20Honourable Mr Justice R. Subramanian4 pages

Appl.No.3685 of 2019 in Appl. No.4542 of 2018 This application has been filed seeking a direction to the garnishee namely the 4th respondent to furnish details with regard to the amounts held by them in the name of Dr.A.Jayapaul, by way of Savings Bank Account and Fixed Deposits.

2. Upon notice, the learned counsel appearing for the Bank has produced the Statement of Account relating to the Fixed Deposits and Savings Bank Account held by Dr.A.Jayapaul and they have also filed a counter. The statements are taken on record and this application is closed.

Appl.No.3685 of 2019 in Appl. No.4542 of 2018 1/2

Appl. No.4542 of 2018 This application has been taken out to direct the respondents 1 and 2 to deposit a sum of Rs.1,65,97,796.30 and Rs.56,74,656.54 lying in Syndicate Bank, Perambur Branch, Savings Bank A/c. No.60012010098331.

2. The suit is one for partition of the estate of Dr.A.Jayapaul, who died on 04.03.2010. The Bank, pursuant to order in Application No.3685 of 2019, has produced the Statement of Accounts of Dr.A.Jayapaul. As per the said Statement of Accounts the sum of Rs.7,98,677.45 has been transferred to the Savings Bank Account, bearing No.60012010008394, it stands in the name of the 1st defendant. The further sum of Rs.93,002.46 has also been paid over to the 1st defendant as proceeds of the Fixed Deposit held in the joint name of the deceased Dr.A.Jayapaul and the 1st defendant. The other amounts have been credited to the separate accounts of the first and second defendants, after the death of Dr.A.Jayapaul. It is claimed by the applicant that these amounts also belong to Dr.A.Jayapaul and it formed part of his estate. The said question

has to be decided only after trial. As an interim measure, in order to protect the interest of the plaintiff, the first defendant is directed to deposit a sum of Rs.9,00,000/- in a separate Fixed Deposit in her name with all the three children shown as nominees, with a provision for automatic renewal by 15.07.2019.

3. The fixed deposit receipt shall be lodged with the Registrar General of this Court by 20.07.2019 for safe custody.

4. With the above direction, this application is closed. Appl. No.4542 of 2018 2/2