ORDER :

1. The present petition has been filed for a Succession Certificate in respect of the debts of one Tarak Nath Chatterjee (“the deceased”) who died in Mumbai on 4th September 2012. A copy of the death certificate of the deceased issued by Sub-Registrar (Birth and Death), Health Department, Municipal Corporation of Greater Mumbai is annexed to the Petition.

2. The Petition sets out that the deceased ordinarily resided at 1010 Sanghi Residency, Prabhadevi, Mumbai-400025. Schedule-I annexed to the present Petition sets out the debt in respect of which the Succession Certificate is applied for. The Succession Certificate is thus required for the purpose of collection of the said debt as also receiving interest due thereon.

3. A perusal of Schedule-I shows that the debt is an amount of GBP 2,15,228.88 which is equivalent to Rs. 2,22,31,774.62 which is lying deposited in Barclays Bank Leicester LE-87 2BB United Kingdom.

4. Mr.Setalwad, learned Senior Counsel appearing on behalf of the Petitioners submits that the present Testamentary Petition is on stamp number and is not being proceeded with by the department in view of the following preliminary objection raised by the department whi