Bombay High Court Orders Non-Bailable Warrant Against Non-Cooperative Bank of Baroda Branch Manager In Case Involving Bequeathal Of Assets To Caretaker

The Bombay High Court has issued a non-bailable warrant (NBW) against the Branch Manager of Bank of Baroda (Fort), Rakesh Garg, in a testamentary matter wherein a spinster bequeathed her movable assets to her caretaker.

Justice Manish Pitale passed the order in an interim application filed by the 49-year-old caretaker who alleged that despite a probated Will in his favor, three banks were refusing to cooperate.

Previously, the court had issued notices to all three banks.

While counsel appeared for Punjab National Bank (PNB) and Central Bank of India (CBI) on January 3, 2024, and assured cooperation from their end, none appeared for Bank of Baroda.

On Monday, Justice Pitale noted that neither of the banks had filed responses and that there was still no representation from the Bank of Baroda.

“There is no appearance at all on behalf of Bank of Baroda, despite the directions issued by this Court in paragraph No. 7 of the said order, to the effect that the Branch Manager of Bank of Baroda would have to remain personally present in this Court,” the court noted.

Accordingly, the court granted PNB and CBI a last chance to file their affidavits in the matter and issued an NBW against the Branch Manager of Bank of Baroda.

Applicant asserted that he was the caretaker of one Shera Noshir, a former government employee, till her demise on May 25, 1991.

It was submitted that almost thirty years later, the caretaker, now in his late forties, got a copy of the Will and filed for probate which was granted in his favour, including shares worth over Rs. 10 crores.

The caretaker alleged that the three banks had held the deceased's assets from 1991, including savings accounts and lockers.

Despite several requests, reminders, and notices, the banks have “acted in conceit and refrained from transmitting the share, securities and assets of the deceased in the name of the Applicant,” he further alleged.

The caretaker claimed he didn't know the exact amount held in the banks since the accounts had been in operation for decades. He claimed the amounts could be as follows:

- Punjab National Bank - Rs. 50,000 in a savings account

- Central Bank of India - Rs. 25,455 in a savings account

- Bank of Baroda - Rs. 50,000 in a savings account

Additionally, it was submitted that the deceased held a locker in Punjab National Bank with contents valued at Rs. 2,50,000. In total, assets of around Rs. 3.75 lakhs are held by the banks, he argued.

Thus, he sought urgent directions for the appointment of a receiver to take charge of the assets and restrain the banks from dealing with them. He also alleged harassment and non-cooperation from the banks in transferring the rightful assets to him as per the court-probated will.

Accordingly, the Court has ordered an NBW to be issued against the Branch Manager of Bank of Baroda and will hear the matter next on February 7, 2024.

Case Title - Shera Noshir (@ Naushir) Vajifdar vs Bank of Baroda and others

Case Number - TESTAMENTARY PETITION NO. 1262 OF 2021

Appearances – Adv Bahraiz Irani a/w Mr. Afrin Dalal, for Applicant/Petitioner.

Adv Asha Bhuta a/w Avani Bhanushali and Ansul Bhuta, for Punjab National Bank.