Arijit Banerjee, J. - (1.) Pla No. 88 of 2012 has been filed by one of the joint executors of a Will dated 28 March, 2011 executed by one Abha Rani Sinha of 2/8B, Sarat Bose Road, Police Station Ballygunge, Calcutta 700020 who died on 28 June, 2011. The applicant prays for probate of the said Will in his favour. GA No. 2679 of 2012 has been filed by one Dr. Bikash Sinha claiming to be nephew of and also one of the beneficiaries under the said Will. The prayers in this application are as follows:- "(a) The said Mary Catherine Sinha be directed to deposit all moneys withdrawn by her from the joint accounts of the testatrix in various banks and other investments on and after June 28, 2011 with the Registrar, Original Side, High Court, Calcutta; (b) An order be passed for deposit of the Passport of Mary Catherine Sinha with the Registrar, Original Side, High Court, Calcutta forthwith; (c) Injunction restraining Mary Catherine Sinha from operating any of the bank accounts or other instruments/accounts wherein her name appears as a joint account holder along with that of the testatrix; (d) Injunction restraining Anjan Chakraborty and Mary Catherine Sinha who are named as the executors of the Last Will and Testament dated March 28,2011 made by Late Abha Rani Sinha from alienating, selling, depositing of, transferring, dissipating, realizing, withdrawing or howsoever otherwise dealing with any of the assets and properties including bank accounts of the said Testatrix; (e) Anjan Chakraborty and Mary Catherine Sinha, the executors named in the Last Will and Testament of the testatrix be directed to disclose particulars and details of all bank accounts and other investments whenever the said executors or either of them may be a joint holder of such account/instrument along with the testatrix and to submit an account of all transactions therein since the death of the testatrix viz. June 28, 2011; (f) Your petitioner or such other person as this Hon'ble Court deems fit and proper be appointed Administrator pendent lite over and in respect of the estate of Late Abha Rani Sinha including the assets and properties of the said deceased as mentioned more fully and particularly in the affidavit of assets affirmed by Anjan Chakraborty on 23rd March, 2012 and filed in PLA No. 88 of 2012 which is annexure 'E' hereto; (g) Order dated June 11, 2012 passed by this Hon'ble Court be recalled;" GA No. 3234 of 2012 has been filed by one Mary Catherine Sinha, the other joint executor of the said Will pray for the following orders:- "(a) An order be passed directing the Manager of the Indian Bank, Sarat Bose Road Branch to cause the three lockers bearing nos. 240, 13 and 136 to be opened and the valuables, goods and/or articles lying thereat be inventorised and leave be given to your petitioner to take possession thereof; (b) The affidavit of assets being annexure 'V' thereto prepared by the petitioner be taken on record and the same be treated as the true and correct affidavit of assets of the said deceased; (c) Probate of the Will dated 28th March, 2011 be granted to the petitioner and Anjan Chakraborty, being the joint executors in terms of the affidavit of assets being annexure 'V' hereto jointly"
(2.) I propose to dispose of the two applications first before considering the application for probate. Re: GA No. 2679 of 2012 (Application of Bikash Sinha) and GA 3234 of 2012 (Application of Mary Catherine Sinha) Contention of Bikash:-
(3.) Learned Counsel for the Bikash Sinha (in short 'Bikash') submitted that after the death of Abha Rani Sinha (in short 'Abha'), Mary Catherine Sinha (in short' Mary') had been withdrawing substantial sums of money from the joint accounts held in the names of Abha and Mary which according to learned Counsel comprise part of Abha's estate. From the documents obtained from Anjan Chakraborty (in short 'Anjan') being one of the joint executors of Abha's Will, it transpired that out of the total sum of Rs. 14,32,01,279/- lying in the bank accounts in the joint names of Abha and Mary as on the date of Abha's death, Mary had withdrawn a sum of Rs. 8,47,46,845/-. Particulars of the bank accounts along with the credit balances therein as on the date of Abha's death i.e. 28 June, 2011 and as on 31 January, 2012 have been given in the form of a chart at page 10 of the application of Bikash.;