JITENDRA DWARKADAS PATEL Vs. MANAGER & 2

JUDGEMENT

(1.) HEARD learned Senior Counsel Mr. S. Sanjanwala for the petitioner, learned Counsel Mr. Hemang H. Parikh for the respondents No.1 and 3 and learned Counsel Ms. Dharmishta Raval for the respondent No.2.

(2.) BY way of this petition under Article 226 of the Constitution of India, the challenge was to the action on part of the respondents in insisting upon the Succession Certificate and not transmitting the securities pursuant to the petition preferred by the petitioner on 08.08.2011. Accordingly, directions were sought for against respondents to act in accordance with the Rule and Regulations without insisting for production of Succession Certificate and transmitting the HUF Account in favour of Dwarkadas Kachradas Patel HUF Karta Jitendra Dwarkadas Patel on execution of Indemnity Bond.

(3.) CONSIDERING overall facts and circumstances as above, in similar set of cases where the issue involved was the same, the learned Single Judge of this Court (Coram : K.M. Thaker, J.) in Special Civil Application No.4648/2012 vide order dated