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Bombay High CourtIA/1235/2025disposed off

Ajit Kishanchand Motwani S/O Kishanchand Motwani v. Central Bank Of India

2025-07-31Hon'Ble Justice Kamal Khata2 pages

919-IA-1235-2025.DOC sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1235 OF 2025 IN TESTAMENTARY PETITION (L) NO.17393 OF 2024 Kamla Kishanchand Motwani ... Deceased Ajit Kishanchand Motwani ... Petitioner ______________________ Ms. Samrudhi Lodha a/w. Adv. Malcolm Vaz i/by Adv. Sanjay Rego for the Applicant.

Ms. Isha Bafna a/w. Adv. Tisha Sonkar for the Respondent. ________________________

CORAM

: Kamal Khata, J.

DATED : 31st July 2025.

P.C.:- 1.

This Interim Application seeks direction to the Central Bank of India to hand over the last Will and Testament dated 26th September 2017 and Codicil dated 7th October 2017 of the deceased to the Executor-Applicant that was deposited with them for safe custody.

2.

Learned Advocate for the Respondent-Bank agrees to hand over and forthwith hands over the Original Will and the Codicil to the Applicant in Court in my presence. 3.

Applicant shall execute the Indemnity Bond and the Undertaking as required by the bank for delivering these Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.08.04 12:09:48 +0530 SUMEDH NAMDEO SONAWANE original documents.

919-IA-1235-2025.DOC 4.

Applicant shall complete all bank formalities by 5th August 2025. The bank is also directed to provide to the Applicant, the Bank statement indicating all transactions from the date of disbursal of the loan till date. 5.

The Applicant to furnish to the Respondent-bank certified copies of the Will as well as Codicil by 5th August 2025.

6.

Respondent-bank will be at liberty to mention the matter in the event Applicant has failed to complete the formalities as directed.

7.

Interim Application is disposed of in the aforestated terms.

(Kamal Khata, J.)