Dismissed

Nargis H. Nathani and Anr. v. Amirali Hasanli Nathani (Deceased)

Bombay HC19 Aug 2013CST/162/2012

Case brief

AI extract

What is this about?

The High Court dismissed the Chamber Summons filed by the applicant bank, holding it misconceived. The Bank had already deposited national saving certificates without claiming entitlement. The Court ruled that any claim against the deceased or heirs must be adjudicated in appropriate proceedings, not in testamentary proceedings.

What did the court decide?

Chamber Summons filed by the applicant is dismissed.

Nargis H. Nathani and Anr. Vs Amirali Hasanli… — Civil Procedure and Limitation | Bombay HC (2013)

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22-CST162.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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CHAMBER SUMMONS NO. 162 OF 2012 IN

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NOTICE OF MOTION NO. 1183 OF 2001 IN TESTAMENTARY PETITION (LD) NO. 916 OF 2000

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Amirali Hasanali Nathani	..... Deceased
Smt.Nargis Hasanali Nathani & Anr.	..... Petitioners
VERSUS
Smt.Shirin Amirali Nathani & Ors. AND	..... Respondents
Union Bank of India	..... Applicant

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Mr.Manish Tiwari for the Applicant.

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Mr.Tejas Vora for the Plaintiff.

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CORAM : R.D. DHANUKA, J. DATED : 19^th AUGUST, 2013

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P.C.

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By this Chamber Summons filed by the applicant bank, applicant seeks order to release the amount of national saving certificate deposited by the 5^th respondent in this court pursuant to the order dated 11^th August, 2005 passed by this court. Mr.Vora, learned counsel appearing on behalf of the plaintiff raises strong objection about maintainability of this Chamber Summons. Plaintiff has filed detailed affidavit opposing this Chamber Summons.

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22-CST162.12

On perusal of the order dated 11^th August, 2005 passed by this Court in Notice of Motion No. 1183 of 2001 passed by this Court, it is clear that applicant bank was directed to deposit three national saving certificates standing in the name of deceased in this court. This court had directed the bank to surrender the said national saving certificate without claiming any amount in respect thereof. The said order passed by this court on 11^th August, 2005 has not been challenged by the bank. The applicant has already deposited the proceeds of the three national saving certificates in this court. In my view, if the applicant bank has any claim against the said deceased or his legal heirs, the same has to be adjudicated in appropriate proceedings and in accordance with law. In my view, no such relief can be granted in this Chamber Summons in the testamentary proceedings. Chamber Summons filed by the applicant is misconceived and is dismissed.

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It is made clear that this Court has not expressed any views on the issue whether applicant is entitled to recover any such amount or not.

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Applicant is at liberty to file appropriate proceedings. No order as to costs.

Nargis H. Nathani and Anr. v. Amirali Hasanli Nathani (Deceased)

Case brief

What is this about?

What did the court decide?

Nargis H. Nathani and Anr. v. Amirali Hasanli Nathani (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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