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2025 Supreme(Online)(Cal) 9693

CALCUTTA HIGH COURT
IN THE GOODS OF MAHESH BHIMSARIA DECEASED – Appellant
Versus
NA – Respondent
PLA 386 / 2024



OD-7 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION IA No. GA/1/2025 In PLA No. 386 of 2024 IN THE GOODS OF:

MAHESH BHIMSARIA, DECEASED BEFORE:

The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 23rd April, 2025.

APPEARANCE:

Mr. Dipankar Saha, Adv.

Mr. Subham Kumar Das, Adv.

Sk. Kobir, Adv.

For the petitioners.

The Court:- This is an application filed in an application for grant of letters of administration for opening and/or breaking open the locker standing in the name of Mahesh Bhimsaria, deceased, maintained with State Bank of India (in short, SBI), Raja Ram Mohan Roy Branch being locker No. 16.

Mr. Dipankar Saha, learned Advocate for the petitioners, prays for an authorized officer of the bank and an officer of this Hon’ble Court to carry out the inventory of the articles of the deceased lying in the said locker in the name of the testator and file a report after conducting the valuation thereof. I do find the necessity of appointing an authorized officer of the bank and an officer of this Hon’ble Court as prayed for, to conduct the inventory and valuation. As the Branch Manager of the concerned branch is competent to supervise the inventory and valuation in the presence of the petitioners and any other person necessary.

In view of the aforesaid, the Manager of the concerned bank of SBI is directed to do the following:-

(i) Open bank locker No. 16 at the State Bank of India, Raja Ram Mohan Roy Branch, standing in the name of the testator to cause inventory of the articles, assets lying in the said locker upon notice to the petitioners.

(ii) The keys of the locker concerned shall be provided by the petitioners or any family member of the testator in whose custody the key is presently lying. If the key is not available the concerned branch manager shall break open the locker in the presence of the petitioners.

(iii) The Branch Manager apart from giving notice to the petitioners after fixing a date to open or break open the padlock shall also give notice to the person(s) who may be holding the said locker jointly with the testator, if it is so found.

(iv) Prepare a list inventory of the articles in the said locker and supply (v) To have the articles, if any found in the locker valued by an empanelled Valuer of the said bank and supply a valuation report to (vi) After such exercise is complete, shall keep the articles in the said locker or any alternative locker and lock the same till further direction from the Court.

(vii) The aforesaid exercise shall be undertaken within eight weeks from the date of communication of a server copy of this order.

The Bank Manager, State Bank of India, Raja Ram Mohan Roy Branch, is directed to co-operate with the petitioners in carrying out such inventory and valuation.

The application being IA No. GA/1/2025 in PLA No. 386 of 2024 is, accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

snn.

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