Vidya Balakrishna Shenoy v. Arvind Vinayak Kamath

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1703 OF 2021 IN TESTAMENTARY PETITION NO. 293 OF 2009 Vidya Balakrishna Shenoy ...Applicant/ (Org.Petitioner) And Arvind Vinayak Kamath ...Deceased ---------- Ms. S.M. Dandekar for the Applicant.

---------- CORAM :

R.I. CHAGLA J DATE :

13 October 2021 ORDER :

1.

Leave to amend the prayer clause of the Interim Application by deleting the word "allow" and replacing by the word "amend". Amendment shall be carried out forthwith. SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date:

2021.10.22 16:49:20 +0530 2.

By this Interim Application, the Applicant is seeking amendment of the Petition and the original grant in terms of Schedule at Exh.B to the Interim Application and for 1/3

amending the total in the original grant which mentions total value of "Rs. 59,28,602.48" with the total value of "Rs. 59,28,276.80".

3.

It is stated in paragraph 2 of the Interim Application that incorrect face value of the equity shares of Siemens India Ltd. which have been mentioned at Rs. 2/- each instead of Rs. 10/- each is required to be corrected. It is further stated that 12 equity shares of Oriental Aromatics Ltd. with distinctive numbers 16101737 to 16101742, 32928525 to 32928530 having face value of Rs. 5/- each of which 100% share was belonging to the deceased and that the Applicant learnt of the same only after issuance of the original grant. 4.

Accordingly, the amendment has been sought for in these terms.

5.

Having considered the submissions of the Applicant and the averments in the Interim Application, the reliefs sought in the Interim Application requires to be granted. Hence, following order is passed :- 2/3

(i) The Applicant shall carry out the amendment to the Petition No. 293 of 2009 in terms of Schedule at Exh.B to the Interim Application as well as to amend the Schedule to the original grant by mentioning the correct grand total value of Rs. 59,28,276.80.

(ii) The amendments shall be carried out within a period of two weeks from the date of this order. (iii) Interim Application is accordingly disposed of. [R.I. CHAGLA J.] 3/3