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2012 DIGILAW 547 (AP)

Reserve Bank of India, Rep. by its Executive Director v. B. N. Madhukar Rao

2012-06-28

PINAKI CHANDRA GHOSE, V.ESWARAIAH

body2012
Judgment :- Pinaki Chandra Ghose :- Having heard the learned counsel for the parties and having perused the record, it appear that the question is whether the amount in dispute can be paid to be person who is claiming himself to be the only legatee and the executor of the Will in question. Because of non-furnishing of probate, the appellant – Reserve Bank of India (RBI) was standing in the way to release the amount in favour of the executor/legatee as a result whereof the writ petition was filed and the Hon’ble Single Judge was pleased to pass an order allowing the writ petition and directing that the respondents shall consider the claims of the writ petitioner -respondent herein for payment under the Government securities without insisting on furnishing of probate of the registered Will executed in favour of the writ petitioner. Being aggrieved, the appeal was filed by the RBI. It appears that in this appeal an order was passed by the Division Bench directing the RBI to issue an advertisement in the newspapers at a reasonable cost inviting time-bound objections to the claim made by the respondent. Even after publication of such advertisement, no objection has yet been received. In these circumstances, we find no reason to stand in the way of the respondent – writ petitioner to receive the said amount by the writ petitioner from the RBI. Accordingly, the RBI is directed to release the amount in favour of the legatee/executor of the Will within a period of four weeks from the date of communication of this order, if necessary after obtaining an indemnity bond from the legatee/executor. The writ appeal is accordingly disposed of.