Anila Virag Dhairyawan v. Prerana Pravin Pulekar

by SHAGUFTA QUTBUDDIN PATHAN Date:

2026.04.04 14:25:18 +0530 SHAGUFTA QUTBUDDIN PATHAN IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO.27970 OF 2025 IN TESTAMENTARY SUIT NO.18 OF 2012 IN TESTAMENTARY PETITION NO.1001 OF 2007 Prerana Pravin Pulekar ...Applicant

Versus

1(a). Chaitanya Abhay Talpade & Ors.

...Defendants WITH INTERIM APPLICATION NO.4062 OF 2025 IN TESTAMENTARY SUIT NO.18 OF 2012 IN TESTAMENTARY PETITION NO.1001 OF 2007 Anila Virag Dhairyawan ...Applicant

Versus

Prerana Pravin Pulekar ...Defendant ------ Mr. Yahya Goghari a/w Ms. Prasanna Pawar i/b Shamim & Co. for the Applicant in IAL/27970/2025 and for the Defendant in IA/4062/2025 Mr. Nirman Sharma a/w Mr. Priyank Kulkarni i/b Mr. Shivaji Rajaram Nirmale for the Applicant in IA/4062/2025 and for the Defendants in IAL/27970/2025 ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : APRIL 1, 2026 1/3

P. C. :

1.

Interim Application (Lodging) No.27970 of 2025 has been preferred for issuing witness summons to the concerned official of Dena Bank, which has now merged with Bank of Baroda, for giving evidence and producing the original account opening form in respect of Savings Account No. 20662, and the original specimen signature form of the deceased, Lila Dhundiraj Rane, to be certified in the manner as provided under the Bankers' Books Evidence Act. 2.

Learned counsel appearing for the Defendants would oppose the application. At the time of marking of documents, an objection was taken to marking of these documents as Exhibits, as the Plaintiff was not the author of the said documents. In view of the said objection, the present application has been taken out seeking issuance of witness summons for production of the original documents. There can be no objection, as the witness is summoned for producing the original documents and giving evidence for proving the said documents. 3.

In view thereof, the Registry is directed to issue witness summons to the Bank Manager of Dena Bank, which has now merged with Bank of Baroda, Thakurdwar Branch, Mumbai - 400002, to remain present before this Court for recording evidence, along with the original account opening form in respect of Savings Account No. 20662 and the original specimen signature form of the deceased, Lila 2/3

Dhundiraj Rane, certified in the manner as provided under the Bankers' Books Evidence Act. The witness shall remain present before this Court on 17th April 2026 at 3:00 p.m.

4.

The order shall be communicated by learned counsel for the Plaintiff to the concerned bank.

[SHARMILA U. DESHMUKH, J.] 3/3