Daksha Ashok Lalwani v. Jayesh Manganlal Bhatt

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2191 OF 2025 IN TESTAMENTARY PETITION (L) NO.575 OF 2020 Jayesh Maganlal Bhatt ... Deceased Daksha Ashok Lalwani ... Applicant In the matter between Jayesh Ashok Lalwani ... Deceased And Daksha Ashok Lalwani ... Petitioner And Sr. Inspector of Police, MIDC Police Station, Chakala, Andheri (East) & Anr. ... Respondents _______________________ Ms. Sarvagnya P. Trivedi a/w. Adv. Sandeep M. Tirvadekar i/by A. Bharat & Co. for the Petitioner.

_______________________ CORAM : KAMAL KHATA, J.

DATED : 21ST AUGUST 2025.

P.C. :

1.

By this Application, the Applicant seeks the following directions: (a) the Senior Inspector of Police, MIDC Police Station, Andheri (East), Mumbai : 400 093, be directed to hand over the keys of the said Flat No : 304, Gopal Sadan, Service Road, Pump House, Andheri (East), Mumbai : 400 093 to the 1/4 SUMEDH NAMDEO SONAWANE SUMEDH NAMDEO SONAWANE Date: 2025.08.22 11:08:01 +0530

Prothonotary & Sr. Master, High Court Bombay; (b) he Senior Inspector of Police, MIDC Police Station, Andheri (East), Mumbai : 400 093 and / or the Assistant Commissioner of Police, Opp. Andheri Railway Station, Andheri (East), Mumbai : 400 093, be directed to give to the Petitioner and / or her Advocates, the copies of the documents mentioned in the Panchanama dated 18-1-2019 and kept in Safe Deposit Locker No : 80/2023 and also give to the Petitioner and / or her Advocates the inspection of the articles mentioned in the Panchanama dated 181-2019 kept in Safe Deposit Locker No : 80/2023 and thereafter hand over the articles and documents mentioned in Panchanama done u/s 174 of the Cr.P.C. under ADR No : 8/2019 and kept in Safe Deposit Locker No : 80/2023, be handed over to the Prothonotary & Sr. Master, High Court, Bombay; (c) the Petitioner be permitted to add and amend the Schedule 1 of the above Petition, all the articles, their value and description and also the properties whose documents are taken by the MIDC Police Station, Andheri (West), Mumbai : 400 093 alongwith 2/4

their estimated value and carry out other consequential amendments and re-verify the Petition; (d) that the Prothonotary & Sr. Master, High Court, Bombay be directed to hand over to the Petitioner, the keys of Flat No : 304, Gopal Sadan, Service Road, Pump House, Andheri (East), Mumbai : 400 093 and the articles and documents received from the MIDC Police Station and / or from the Assistant Commissioner of Police, Andheri (East), Mumbai : 400 093, upon grant being obtained by the Petitioner."

2.

Learned Advocate for the Applicant submits that the deceased lived alone in the flat, and upon his demise, the Police were called to break open the door in order to enter. In these circumstances, the Police sealed the flat and took custody of all the moveables and documents lying therein.

3.

It is further submitted that the Applicant, being the legal heir of the deceased, desires to obtain the Letters of Administration. However, in order to do so, she would be required to meet the requisitions of the Registry, which can only be complied with if she is granted inspection of all the articles and documents presently in police custody. 3/4

4.

Having perused the earlier orders and being satisfied with the explanation given by the learned Advocate, I direct the Senior Inspector of Police, MIDC Police Station, Andheri (East), Mumbai, 400 093 to permit the Petitioner and/or her Advocate to take inspection of and obtain copies of, the documents mentioned in the panchnama dated 18th January 2019, which are kept in Safe Deposit Locker No.80/2023, and to also grant inspection of the articles mentioned in the said panchnama and kept in the aforesaid Safe Deposit Locker. 5.

The Petitioner's Advocate is further permitted to amend Schedule I of the Petition to include the said articles, their value and description, as well as any property presently in custody of the MIDC Police Station, Andheri (East).

6.

The entire exercise shall be carried out within a period of three weeks from today.

7.

List the matter on 24th September 2025.

(KAMAL KHATA, J.) 4/4