Nishat Sarah Jaggi v. Titan Company Limited
1 60-IA-746-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 746 OF 2025 IN TESTAMENTARY PETITION NO. 4409 OF 2023 Nishat Sarah Jaggi ...Applicant
Versus
Titan Company Limited
...Respondent
----- Ms. Sheetal Shah a/w Megha C. for the Applicant. ----- CORAM :
ARIF S. DOCTOR, J.
th MARCH 2025 DATE :
P.C. :
1.
The present Interim Application seeks the following reliefs: "(a) That Respondent Company be directed to send procedure for duplicate cum transmission of shares in the name of Applicant standing in the name of Rachel George jointly with Mr. K.J. George in favour of the Applicant within a period of two weeks from the passing of the order;
(b) For Costs;
(c) For such other and further reliefs as the nature and circumstances of the case may require."
2.
Affidavit of Service is on record. Perused. Despite having been duly served, Respondent No. 1 (Company) has not chosen to appear before this Court.
Ajit
2 60-IA-746-2025.doc 3.
Ms. Shah, Learned Counsel for the Applicant invites my attention to the Succession Certificate granted to the Applicant by this Court on 15 th April, 2024 in respect of the debts and credits belonging to one Rachel George Christian ("the deceased"). She then invites my attention to the latter dated 13 th May, 2024 addressed by the Applicant to Respondent No. 1 by which the Applicant has inter alia called upon the company to obtain the relevant procedures / formats for issuance for duplicate cum transmission of shares held under the folio in the name of the deceased. Despite the aforesaid letter, no steps have been taken by Respondent No. 1 (Company) to transfer / transmit the shares standing in the name of the deceased to the Applicant. 4.
Having due regard to the submissions made as also the fact that the Applicant has obtained a Succession Certificate in respect of the debts and securities of the deceased which includes within its schedule, folio No. TWK0000731, held by Respondent No. 1 (Company), I am satisfied that a sufficient cause has been shown by the Applicant to allow the present Interim Application. The same is accordingly allowed in terms of prayer clause (a) which quoted as above.
(ARIF S. DOCTOR, J.) Ajit