Mrs.Priya Natasha Subramanian v. Nil
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 09TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY A.No.2055 of 2022 in O.P.No.1037 of 2019 In the matter of Indian Succession Act XXXIX of and In the matter of certain Securities of K.B.Subramanian died intestate
1. * MRS.PRIYA NATASHA SUBRAMANIAN (Amended as per Ord.dt.27.04.2021 in A.No.1882/2021) age 53 years, W/o.Late Mr.K.B.Subramanian, No.3, Venus Colony, II Street Alwarpet, Chennai-600 018
2. MS.S.TARA MANIAN, Age 29 years, D/o.Late Mr.K.B.Subramanian, No.3, Venus Colony, II Street Alwarpet, Chennai-600 018
3. MRS.RAJALAKSHMI MANIAN, Age 86 years, W/o.Late Mr.B.S.Manian, No.3, Venus Colony, II Street Alwarpet, Chennai-600 018 ..Petitioners
A.No.2055 of 2022:
1. MRS.PRIYA NATASHA SUBRAMANIAN age 56 years, W/o.Late Mr.K.B.Subramanian, No.3, Venus Colony, II Street Alwarpet, Chennai-600 018
2. MS.S.TARA MANIAN, Age 32 years, D/o.Late Mr.K.B.Subramanian, No.3, Venus Colony, II Street Alwarpet, Chennai-600 018
3. MRS.RAJALAKSHMI MANIAN, Age 89 years, W/o.Late Mr.B.S.Manian, No.3, Venus Colony, II Street Alwarpet, Chennai-600 018 ..Applicants/Petitioners Applications praying that this Hon'ble Court be pleased to amend the name of the Company as "KEC INTERNATIONAL LIMITED" instead of KEC INTERNATIONAL SHARE CERTIFICATES" in serial number 9 - column 3 of Schedule-B of Petition O.P.1037/2019 and include the Folio Numbers in para number 9 and in the Schedules of the Petition O.P.No.1037/2019 as provided in the Schedule (in he Judge's Summons), and issue an amended Succession Certificate in the manner provided in the Schedule in the Judges'Summons.
This application coming on this day before this court for hearing the court made the following order:
This Application is filed seeking to amend the name of the Company as KEC International Limited instead of KEC International Share Certificates, in serial number 9 - column 3 of Schedule-B of petition O.P.No.1037 of 2019 and include the Folio Numbers in paragraph number 9 and in the schedules of the petition O.P.No.1037 of 2019 as provided in the schedule hereunder and issue an amended Succession Certificate. 2.The learned counsel appearing for the applicant/petitioner would submit that the applicant has filed Original Petition No.1037 of 2019 for grant of succession certificate which was also allowed by order dated 08.10.2021 and also a succession certificate was issued on 21.12.2021 with the schedule, but without specifying the Folio Numbers, which was objected by the Registrar and Transfer agent.
He would further submit that at Serial No.9 - Column No.3 of Schedule B of petition in O.P.No1037 of 2009, the name of the Company viz, "KEC International Share Certificates" has been wrongly mentioned instead of "KEC International Limited". Therefore, the learned counsel would pray this Court to amend the name of the Company and also to include the Folio Numbers in paragraph No.9 in the Schedule of the petition and issue a fresh amended Succession Certificate.
3.Considering the facts and circumstance of the case and the submissions made by the learned counsel appearing for the petitioner and since the name of the Company has been wrongly mentioned and also Folio Numbers were not included in the petition schedule, this Court feels it appropriate to direct the registry to amend the name of the Company as "KEC International Limited" instead of "KEC International Share Certificates" in Serial Number 9 - Column 3 of Schedule-B of petition O.P.No.1037 of 2019 and include the Folio Numbers in paragraph number 9 and in the schedules of the petition O.P.No.1037 of 2019 as provided in the schedule hereunder and issue a fresh Succession Certificate after incorporating the amendment as sought for.
4.Accordingly, this Original Petition is ordered. Sd/.K.R.J.
09.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/15.06.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.