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Bombay High CourtIA/752/2025withdrawn

Melvin Savio Augusto Demello v. Tata Consumer Products Limited And ANR

2025-03-27Hon'Ble Justice Kamal Khata2 pages

1 61-IA-752-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 752 OF 2025 IN TESTAMENTARY PETITION NO. 1125 OF 2022 Melvin Savio Augusto Demello ...Applicant

Versus

Tata Consumer Products Limited & Ors.

...Respondents

----- 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: "i) That Respondent Nos 2 to 4, be directed jointly or severally to transfer in favour of the Applicant, a total of 8683 shares of Tata Consumer Products standing in the name of Late Teresa Demello and Late Edwin Anthony Demello, along with the unclaimed dividend thereon under Folio No. TFD0001028 and Folio No. TFEOO53218 within a period of 2 weeks from the date of Order passed by this Hon'ble Court;

ii) That the Respondents jointly and/or severally be directed to pay the Applicant a sum of Rs 2,00,000/- (Rupees Two Lakhs Only) towards legal costs;

iii) That the Respondents jointly and/or directly be directed to pay the Applicant a sum of Rs 3,00,000/- towards mental torture, agony and harassment;

Ajit

2 61-IA-752-2025.doc iv) Cost of the Application;

v) Any other and further orders as the nature and circumstances deemed fit."

2.

Learned Counsel for the Applicant points out that despite the fact that Respondent No. 1 (Company) as on the basis of the Succession Certificate issued the entitlement certificate to the Applicant in respect of the shares held in the name of one Mrs. Teresa Demello W/o Mr. Edwin Anthony Demello Christian ("the deceased") as also filed an e-verification report, Respondent Nos. 2 to 4 are not taking further steps to ensure transmission of the said shares to the name of the Applicant.

3.

Despite legal notice dated 29 th August, 2024 issued to Respondent Nos. 2 to 4, no steps have been taken by them to ensure transmission of the shares to the Applicant. Hence, issue notice to Respondent Nos. 2 to 4 returnable on 23 rd April, 2025.

4.

Stand over to 23 rd April, 2025.

(ARIF S. DOCTOR, J.) Ajit