CIVIL APPEAL 7055 of 2018 on 20 December 2006

1. This application is filed by the plaintiff seeking directions thatthe applicant/plaintiff should get the keys of the locker no. 633 Bankof India, Khan Market, New Delhi.In terms of the orders dated8.12.2006 and 20.12.2006 passed by this court, the keys of the lockerno. 633, Bank of India, Khan Market, New Delhi, are in the safecustody of the Registry of this Court.

2. In my opinion keys cannot be directly released to the plaintiffno. 1, but the keys of locker no. 633, Bank of India, Khan Market,New Delhi, which are lying in this Court, can be sent by this Court as per the prescribed procedure to the Court of Sh. Vishal Singh, ADJ-6,Central, Tis Hazari Courts, Delhi, and where a probate case filed bythe applicant/plaintiff Sh. Rakesh Bhan Dass was decided in favour ofthe applicant/plaintiff.

3. By the order of the court of Sh. Vishal Singh, ADJ, dated12.4.2018, the applicant has been granted the benefit of the contentsof the subject locker on the ground that in the appeal filed against thejudgment dismissing the for revocation of probate petition waspending in the High Court and that the High Court has not grantedany interim orders staying the grant of probate in favour ofapplicant/plaintiff.

4. Accordingly, since the applicant/plaintiff, who is the petitionerin the probate petition, has been directed to file a valuation report ofthe contents of the subject locker and which cannot be done by theProbate Court inasmuch as the keys of the locker no. 633 are lying inthis Court in terms of the orders dated 8.12.2006 and 20.12.2006,accordingly, this application is disposed of by directing the Registryto send the keys of the locker no. 633, Bank of India, Khan Market,New Delhi, lying with this Court, as per the prescribed procedure, to the court of Sh. Vishal Singh, ADJ-6, Central, Tis Hazari Courts,Delhi. It is, however, made clear that the applicant Sh. Rakesh BhanDass will be released the keys of the locker by the trial court limitedto the extent that Sh. Rakesh Bhan Dass be allowed to take a valuer tothe locker so that the valuer can prepare the valuation report of theitems given at serial nos. 7 and 8 of the Local Commissioner’s reportdated 19.12.2006 which is filed in this court. The items at serial nos.7 and 8 are two ear rings, one necklace and one cloth bag containingfifty two coins lying in locker no. 633, Bank of India, Khan Market,New Delhi.After the valuation of the aforesaid three items, theitems be put back by the applicant/Sh. Rakesh Bhan Dass in thelocker no. 633 as stated above, and the same will be subject to furtherdirections which may be passed by the probate court.

5. The application is disposed of with the aforesaid observations.

MAY 21, 2018

VALMIKI J. MEHTA, J