Kinnari Sameer Shah @ Kinnari Paras Surkatha v. Usha Paras Surkatha @ Usha Chimanlal Mehta (Deceased)

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1852 OF 2021 IN TESTAMENTARY PETITION NO. 389 OF 2020 Kinnari Sameer Shah alias Kinnari Paras Surkatha ...Applicant/ Petitioner In the matter between Usha Paras Surkatha alias Usha Chimanlal Mehta ...Deceased ---------- Mr. D.R. Mishra i/by Sudhakar G. Lakhani for the Applicant/Petitioner.

---------- CORAM : R.I. CHAGLA J DATE :

21 October 2021 ORDER :

1.

Heard learned Counsel for the Applicant.

SHARAYU PANDURANG KHOT 2.

By this Interim Application, the Applicant is Digitally signed by SHARAYU PANDURANG KHOT Date:

2021.10.27 14:25:02 +0530 seeking amendment to the Petition as per schedule annexed to the Interim Application and for directions to the Registrar, Testamentary Department to amend the succession certifcate 1/3

dated 23rd February 2021.

3.

The Applicant has stated that while sending a copy of the succession certifcate to the concerned company, it came to the knowledge of the Applicant that by mistake folio number at Sr.No. 1 to 3 of securities is wrongly mentioned and also at Sr.No. 3 distinctive number of shares is wrongly mentioned as 611124 instead of 611125 in the Schedule of the Petition. This was informed to the Applicant's Advocate on or about 28/29th March 2021 who had fled praecipe for amendment. Upon being informed by the testamentary department to take out Interim Application for amendment to the Schedule, the Applicant had taken out this Interim Application.

4.

It is further stated that in view of the Covid-19 pandemic situation lockdown in Mumbai, the Interim Application could not be taken out. Hence, condonation of delay has been applied for and for amendment of the Petition as per Schedule annexed to the Interim Application and in the succession certifcate dated 23rd February 2021. Hence, following order is passed :- 2/3

(i) The Applicant shall amend the Petition as per the Schedule annexed to the Interim Application within a period of four weeks from the date of this order.

(ii) Re-verifcation is dispensed with.

(iii) Registrar of the Testamentary Department shall amend the succession certifcate dated 23rd February 2021 accordingly.

(iv) Interim Application is disposed of in the above terms.

[R.I. CHAGLA J.] 3/3