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Bombay High CourtIA/612/2025disposed off

Dipak Shankarlal Vyas v. Labhuben Shankarlal Vyas Alias Labhuben Shankarlal Vyas (Deceased)

2025-04-03Hon'Ble Justice Shri Arif S. Doctor3 pages

1 26-IA 612-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.612 OF 2025 IN TESTAMENTARY PETITION NO.1227 OF 2019 Dipak Shankarlal Vyas ... Applicant In the matter of Labhuben Shankarlal Vyas alias Labhuben Shankarlal Vyas ... Deceased Dipak Shankarlal Vyas ... Petitioner ----- Mr. Sandeep Patade for the Applicant/Petitioner. ----- Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.04.04 10:02:46 +0530 CORAM :

ARIF S. DOCTOR, J.

MUGDHA MANOJ PARANJAPE DATE :

03RD APRIL 2025 P.C. :

1.

This Court had vide an order dated 20 th December 2019 granted the Succession Certificate to the Applicant in respect of certain securities belonging to one Labhuben Shankarlal Vyas alias Labhuben Shankarlal Vyas ('the deceased').

2.

Learned Counsel appearing on behalf of the Applicant submits that after issuance of the grant and after acknowledging some correspondence

2 26-IA 612-25.doc with M/s. Balkrishna Industries Limited, in which the deceased held 12000 shares at the time of his death, the Applicant was informed that 6000 shares were not held in the name of the deceased, but infact in the name of the late husband of the deceased, viz., Shankerlal Vitthalji Vyas. It is for this purpose that the present Application has been filed to delete 6000 shares from the Schedule of assets.

3.

Learned Counsel appearing on behalf of the Petitioner has, pursuant to an order passed by this Court, filed an Additional Affidavit placing on record an email dated 31 st July 2024 sent by M/s. Kfin Technologies Limited (Registered Share Transfer Agent of M/s. Balkrishna Industries Limited) informing the Applicant of this fact.

4.

Having heard Learned Counsel for the Applicant as also having perused the Application, I am of the view that sufficient cause has been made out to allow the captioned Interim Application. The Interim Application is thus allowed in terms of prayer clause (a), which reads thus: "(a) That this Hon'ble Court may be pleased to allow the Applicant to amend the Schedule I as per the Schedule of amendment annexed hereto." 5.

Amendments to be carried out within a period of two weeks from today.

3 26-IA 612-25.doc 6.

Re-verification is dispensed with.

7.

Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.)