Ashok Kothari VS Dipti Bavishi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ARIJIT BANERJEE
Ashok Kothari – Appellant
Versus
Dipti Bavishi – Respondent

Counsel for the Parties:
For the Plaintiff:Mr. Bhaskar Sen, Sr. Advocate, Mr. R.N. Jhunjhunwala and Mr. Debdutta Sen, Advocates
For the Caveatrix:Mr. Pradip Kumar Ghosh, Sr. Advocate, Mr. Dhruba Ghosh, Sr. Advocate, Mr. Pradip Kumar Sarawagi, Advocate

JUDGMENT

Arijit Banerjee, J.—This testamentary suit and an application filed by the defendant have been heard together. I propose to dispose of the defendant’s application first before deciding the issues framed in the suit.

Re: G.A. No.1745 of 2013

1. The defendant has taken out this application contending that the plaintiff is holding certain Relief Bonds, Insurance Policies, Shares and Debentures which are in the name of the defendant and/or wherein the defendant is named as the sole beneficiary. The defendant relies on a letter dated 12 January, 2005 written by the plaintiff to her in this regard. The defendant has mentioned the particulars of the said instruments in Annexure - B to the application. The defendant claims delivery of the said instruments to her.

2. It has been submitted on behalf of the plaintiff that the said letter was written when there were talks of settlement going on between the parties but eventually the same did not materialize. It was submitted that the Relief Bonds, Insurance Policies, Shares and Debentures in which the defendant’s name appears as the nominee do not belong to the defendant. As the nominee of the testator, the defendant holds such moveab