Bijal Nalinkumar Patel vs Nalinkumar Mohanbhai Patel (Deceased) — Bombay HC (2026) — LawSathi Research

Bijal Nalinkumar Patel vs Nalinkumar Mohanbhai Patel (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Praecipe disposed with directions: Branch Manager, HDFC Bank, Santacruz (West) Branch to immediately comply with the directions in paragraph No.3 of the order dated 27.02.2026, failing which appropriate process to be taken out against the Bank and concerned persons for disobedience; copies of both orders to be served on the Branch Manager; Branch Manager to remain present in Court (personally or by representative) on 04.05.2026 unless compliance is effected; matter listed 'First on Board'.

Issue for consideration

Whether HDFC Bank has complied with the directions contained in paragraph No.3 of the order dated 27.02.2026, and what directions should issue to secure such compliance.

Court's answer

The Branch Manager of HDFC Bank, Santacruz (West) Branch is directed to immediately comply with the directions contained in paragraph No.3 of the order dated 27.02.2026, failing which the Court will take out appropriate process against the Bank and the concerned persons for disobeying the orders passed by this Court.

Ratio / Principle

A copy of this order as well as of the order dated 27.02.2026 shall be brought to the notice of the Branch Manager of HDFC Bank, Santacruz (West) Branch, and he shall comply with the said directions.

Key takeaways

The Branch Manager is directed to remain present in Court, either personally or through a representative; if the direction is complied with by the Bank, the Branch Manager need not remain present.ratio¶36
For the sake of compliance with these directions, the matter is stood over to 04th May 2026, to be listed under the caption 'First on Board'.ratio¶37

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J. (April 23, 2026): On a praecipe-based mentioning in Interim Application (L) No.3818 of 2026 in Miscellaneous Petition (L) No.1450 of 2026 in Testamentary Petition No.5033 of 2024 (with companion Interim Application (L) No.4243 of 2026 in Miscellaneous Petition (L) No.1644 of 2026 in Testamentary Petition No.4834 of 2024), Respondent No.1's counsel pointed out that HDFC Bank had not complied with the directions in paragraph No.3 of the order dated 27.02.2026. The Court directed the Branch Manager, HDFC Bank, Santacruz (West) Branch to immediately comply with the said directions, failing which appropriate process would be taken out against the Bank and the concerned persons for disobeying the Court's orders. Copies of both orders were to be brought to the Branch Manager's notice; he was directed to remain present in Court personally or by representative, and need not attend if compliance was effected. Matter stood over to 04.05.2026 under the caption 'First on Board'; praecipe disposed.

P9.IAL.3818.2026+.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION (L) NO.3818 OF 2026 IN

MISCELLANEOUS PETITION (L) NO.1450 OF 2026 IN

TESTAMENTARY PETITION NO.5033 OF 2024

Kiritbhai Babubhai Patel alias Kiritbhai Babubhai Dudhar .. Applicant

IN THE MATTER BETWEEN:

Kiritbhai Babubhai Patel alias Kiritbhai Babubhai Dudhar .. Petitioner

Versus

Bijal Nalinkumar Patel and Ors. .. Respondents

WITH

INTERIM APPLICATION (L) NO.4243 OF 2026

IN

MISCELLANEOUS PETITION (L) NO.1644 OF 2026

IN

TESTAMENTARY PETITION NO.4834 OF 2024

Kiritbhai Babubhai Patel alias Kiritbhai Babubhai Dudhar .. Applicant

IN THE MATTER BETWEEN:

Kiritbhai Babubhai Patel alias Kiritbhai Babubhai Dudhar .. Petitioner

Versus

Bijal Nalinkumar Patel and Ors. .. Respondents

Mr. Shrey Sancheti, Advocate i/by Mr. Carl Patel for Petitioner.

Mr. Karl Tamboly a/w. Mr. Darshan Mehta, Ms. Vidhi Gala, Advocates i/by Dhruve Liladhar & Co. for Respondent No.1.

CORAM : MILIND N. JADHAV, J. DATE : APRIL 23, 2026

P.C.:

1. Not on Board. Mentioned by way of filing praecipe dated

23.04.2026. Perused the praecipe.

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P9.IAL.3818.2026+.doc

2. Heard Mr. Sancheti, learned Advocate for Petitioner and Mr. Tamboly, learned Advocate for Respondent No.1.

3. Mr. Tamboly draws my attention to the order dated 27.02.2026 and more specifically directions contained in paragraph No.3. He would submit that the said directions have not been complied by the HDFC Bank.

4. Branch Manager of HDFC Bank, Santacruz (West) Branch is directed to immediately comply with the said directions failing which this Court will have to take out appropriate process against the Bank and the concerned persons for disobeying the orders passed by this Court.

5. Copy of this order as well as order dated 27.02.2026 shall be brought to the notice of Branch Manager of HDFC Bank, Santacruz (West) Branch and he shall comply with the said directions.

6. The said Branch Manager is directed to remain present in Court, either personally or a representative and if the direction is complied by the Bank then the Branch Manager need not remain present.

7. For the sake of compliance of this directions, stand over to 04^th May 2026 . To be listed under the caption ‘ First on Board ’.

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P9.IAL.3818.2026+.doc

8. Praecipe is disposed.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed HARSHADAHANUMANT by HARSHADAHANUMANTSAWANT SAWANT Date: 2026.04.23 15:10:50 +0530

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