S. U. KAMDAR, J.

( 1 ) THE present Notice of Motion has been taken out by the applicant who is the legatee under the last Will and Testament dt. 21. 04. 1989 of one Mr. Pilloo Ghaswalla. The petitioners in the present petition are the executors of the said Will. The respondent No. 1 is the mother of the applicant. Respondent No. 2 is the aunt of the applicant and respondent Nos. 3 and 4 are joined as proper party namely the respective banks against whom certain directions are sought by the applicant.

( 2 ) BY the present motion applicant is seeking direction from this Court against respondent No. 3 to pay over to the applicant a sum of Rs. 1, 27,00,923. 63 forming part of two Fixed Deposits lying with them and belonging to the deceased. The applicant is also seeking direction for sum of Rs. 15,50,000/- kept in Fixed Deposit with the said Bank of Baroda be paid over to her with accrued interest. Thus, by prayer (a) of the motion, aforesaid two sums are claimed by the applicant to be paid over to her with interest accrued thereon. It is an admitted position before me that out of the aforesaid 2 sums, an amount of Rs. 1,27,00,923. 63 is already been encashed and the amount the