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2022 Supreme(Del) 1694

YASHWANT VARMA
Bmo Trust Company – Appellant
Versus
State Bank Of India And Another – Respondent


Advocates appeared:
Raj Shekhar Rao, Advocate, Chritarth Palli, Advocate, S.L. Gupta, Advocate, Abhinav Sharma, Advocate

JUDGMENT

Yashwant Varma, J. - The petitioner is a Trust duly registered and incorporated in accordance with the laws of Canada. It is engaged in the business of acting as a fiduciary, agent, executor or trustee on behalf of its clients. It's functioning as per the petitioner is regulated by the Trust and Loan Companies act, S.C. 1991, c.45.

2. It is stated to have been appointed as the executor and trustee of the last will and testament of the Late Mrs. Fleurette Mehta [Testator] dated 01 august 2017. The aforesaid will has been duly probated by the Superior Court of Justice at Ottawa [Superior Court] vide its order dated 05 July 2019. a copy of the certified and apostilled Will and Testament along with the order of the Superior Court of Justice has been placed on the record as annexure P-2.

3. It has petitioned this Court seeking the following reliefs: -

    '(a) Issue an appropriate writ in the nature of Mandamus or any other appropriate writ, order or direction directing Respondent No. 1 to accept the documents submitted by the Petitioner as being in conformity with the requirements of the law and thereby allow access to the Saving Bank account No.10415459936 and permit the Petitioner t

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