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Madras High CourtOP/376/2022allowed

Mr.Saravanan Vedagiri v. No Respondent

2023-03-01Honourable Mr Justice Senthilkumar Ramamoorthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Saravanan Vedagiri S/o.Late Sri.Vedagiri. E Also known as Ekambaram Vedagiri 1, Manohar Avenue, Casa Major Road, Egmore, Chennai 600 008. ... Petitioner PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the first Petitioner with powers to collect the debts and to receive interest if any specified in the schedule annexed hereto. For Petitioner : Mr.K.V.Babu **********

ORDER

The petitioner seek a succession certificate in respect of the debt described in the schedule to this petition.

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2.The petitioner asserts that his mother, Smt.Visalakshi Vedagiri, died on 30.03.2013 and that his father, Sri.Vedagiri, died on 30.10.2019. He further stated that they ordinarily resided at Egmore, Chennai, which is within the jurisdiction of this Court. By further asserting that the father and mother of the petitioner died intestate and that no Will was found in spite of a diligent search, the present petition is filed. 3.In order to establish entitlement to the relief claimed, the petitioner adduced evidence by examining himself as PW1. In course of his examination-in-chief, the 49 documents listed at the foot of this order were exhibited as Exs.P1 to P49. The death certificate of the petitioner's mother (Ex.P1) discloses that she died on 30.03.

2013, and also discloses her address, and such address is within the jurisdiction of this Court. The death certificate of the petitioner's father (Ex.P2) reveals that he died on 30.10.2019. The legal heirship certificate (Ex.P3) in respect of Vedagiri (the petitioner's father) specifies the name of the petitioner as the only surviving legal heir. As evidence of title to the securities, the petitioner has placed on record relevant share certificates as Exs.P4 to P48. Paper Publication was also effected (Ex.P49).

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4. Based on the assertions in the petition and the evidence adduced in support thereof, the petitioner is entitled to the relief claimed. Consequently, O.P.No.376 of 2022 is allowed by granting a succession certificate to the petitioner in respect of the securities described in the schedule to the petition. Consequently, the petitioner is entitled to collect the securities, receive dividends and interest thereon and negotiate and transfer the same. 01.03.2023 gba Index : No Petitioner's witness:

P.W.1 - Mr.Saravanan Vedagiri 3/6

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Death certificate of Visalakshi Vedagiri Ex.P2 Death certificate of Vedagiri.E Ex.P3 Legal heirship certificate of Vedagiri.E Ex.P4 Share certificate of Bindal Agro Chem Ltd., Ex.P5 Share certificate ofModern Suiting Ltd., Ex.P6 Share certificate of Southern Agrifurnance Industries Limited Ex.P7 Share certificate of Modern Syntex (India) Limited Ex.P8 Share certificate of Kunal Engineering Co.Ltd., Ex.P9 Share certificate ofBihar Sponge Iron Ltd., Ex.P10 Share certificate of Lloyds Steel Industries Ltd., Ex.P11 Share certificate of ATV Petrochem Ltd., Ex.P12 Share certificate of PFIMEX International Ltd. Along with letter of allotment Ex.P13 Share certificate of Saregama India Ltd., Ex.P14 Share certificate of Five Star Business Finance Ltd., Ex.P15 Share certificate of Deccan Finance Ltd., Ex.

P16 Share certificate of ESSAR Gujarat Ltd., Ex.P17 Share certificate of DCM Daewoo Motors Ltd., Ex.P18 Share certificate of Modern Denim Ltd., Ex.P19 Share certificate of Can Fin Homes Ltd., Ex.P20 Share certificate of Standard Motor Products of India Ltd., Ex.P21 Share certificate of Woolsworth (India) Ltd., Ex.P22 Share certificate of Unicorn Pharmaceuticals (India) Ltd., Ex.P23 Share certificate of The Egmore Benefit Society Ltd.

Exhibits Documents Ex.P24 Share certificate of Orkay Silk Mills Ltd., Ex.P25 Share certificate of Essar Steel Ltd., Ex.P26 Share certificate of Ispat Alloys Ltd., Ex.P27 Share certificate of EID Parry (India) Ltd., Ex.P28 Share certificate of Uniplas India Ltd., Ex.P29 Share certificate of Remington Rand Ex.P30 Share certificate of Gangadharam Applianaces Ltd., Ex.P31 Share certificate of Steel Strips Ltd., Ex.P32 Share certificate of Kothari Industrial Corporation Ltd., Ex.P33 Share certificate of Durga Finance India Ltd., Ex.P34 Share certificate of SVC Superchem Ltd., Ex.P35 Share certificate of Gillnagar Benefit Fund Ltd., Ex.P36 Share certificate of Varinder Agro Chemicals Ltd., Ex.P37 Share certificate of Alwyn Nissan Ltd., Ex.P38 Share certificate of BJ Textile Processing Ltd., Ex.P39 Share certificate of HCL Technologies Ltd., Ex.

P40 Share certificate of Unicorn Tyres Ltd., Ex.P41 Share certificate of Unimin India Ltd., Ex.P42 Share certificate of Kothari Electronics Industries Limited Ex.P43 Share certificate of Enarai Finance Ltd., Ex.P44 Share certificate of Purasawakam Shantha Sanga Nidhi Limited Ex.P45 Share certificate of Simplex Concrete Piles (India) Ltd., Ex.P46 Share certificate of Simplex Infrastructure Ltd., Ex.P47 Share certificate of Durrung Steels Ltd., Ex.P48 Share certificate of LKP Merchant Financing Ltd., Ex.P49 Share certificate of PCS Data Products Ltd.

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