Bombay High Court

TP/405/1991 of FAUSTINO LOBO Vs THOMAS LOBO (APPLICANT) on 5 August 1994

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HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

NOTICE OF MOTION NO. 2175 OF 2004

IN

TEST. PETITION NO. 405 OF 1991

Venturea Crispin Lobo .. .. Deceased

Faustino Lobo .. .. Petitioner

Versus

Thomas Lobo .. .. Applicant

None for the Petitioner.

Ms. Sushma Bhende for the applicant.

CORAM : S.K. SHAH, J.

DATED : 30.9.2004.

P.C.-

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1. The Petitioner has filed affidavit stating therein that he has no objection to allow the prayers made in the Notice of Motion.

2. As such, the Notice of Motion is made absolute in terms of prayer clause (a), sub - clauses (i), (ii),

(iii) and (iv) of the Notice of Motion.

3. The Prothonotary and Senior Master, High Court, Bombay directed to encash F.D.R. No. 669144, dated 18th October, 2003 for the sum of Rs.46,914

invested with Punjab National Bank, Bombay Samachar Marg Branch, Mumbai and also to encash F.D.R. No.

582854 dated 20th August, 2003 for the sum of Rs.43,908 invested with Punjab National Bank, P.N.B.

House Branch, Bombay and shall pay to Denise D’Souza

C.A. of the applicant the sum of Rs.67, 365 [rupees sixty seven thousand three hundred sixty five only]

along with accrued interest thereon till date. The Prothonotary and Senior Master shall reinvest the sum of Rs.23,457/- [Rupees twenty three thousand four hundred fifty seven only] out of the proceeds of F.D.R. No. 669144 dated 18th October, 2003 being Share belonging to Nicholas Lobo in the estate of the deceased and to renew the same from time to time.

4. Notice of Motion stands disposed of accordingly.

[S.K. SHAH, J.]

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