NUGEN MACHINERIES LIMITED Vs. PUNIT SHASHIKANT CHAUHAN

JUDGEMENT

(1.) This First Appeal is at the instance of a company whose share certificates are one of the items of the subject matter of proceeding for grant of succession certificate and is directed against an order dated 16th January 2013 passed by the learned Judge, 10th Court, City Civil Court at Ahmedabad, in Civil Miscellaneous Application No.685 of 2012, thereby allowing the proceeding for grant of succession certificate in favour of the respondent.

(2.) It appears that the respondent filed an application for grant of succession certificate, on the allegation that his father was the original owner of the property who died in the year 1998 leaving behind the mother of the applicant and the applicant, being widow and the son respectively. According to the applicant, the mother of the applicant died in the year 2009 and thereafter by virtue of provisions of the Indian Succession Act, he is entitled to the shares which were standing originally in the name of father of the applicant and some of them subsequently transferred in the name of his mother.

(3.) We have already pointed out that out of the three items mentioned in the schedule of the application, one of the items was the share certificates of the appellant before us. The other item was some share certificates of Bank of Baroda and the third item was some immovable property standing in the name of his father.