REGENT COMPUTRONICS PVT. LTD.

Shakti Yezdani And Anr Appellant

V/S

Jayanand Jayant Salgonkar Respondents

Referred Judgements :-

FRUIT AND VEGETABLE MERCHANTS UNION VS. DELHI IMPROVEMENT TRUST [REFERRED TO]
GAJNAN VS. SETH BRINDABAN [REFERRED TO]
SARBATI DEVI VS. USHA DEVI [REFERRED TO]
SARBATI DEVI VS. USHA DEVI [REFERRED TO]
USHA RANJAN BHATTACHARJEE VS. ABINASH CHANDRA CHAKRABORTY [REFERRED TO]
VISHIN N KHANCHANDANI VS. VIDYA LACHMANDAS KHANCHANDANI [REFERRED TO]
KANWARJIT SINGH DHILLON VS. HARDYAL SINGH DHILLON [REFERRED TO]
RAM CHANDER TALWAR VS. DEVENDER KUMAR TALWAR [REFERRED TO]
DAYAGEN PVT LTD VS. RAJENDRA DORIAN PUNJ [REFERRED TO]
LALITABEN BHANABHAI VS. LALIBEN BHANABHAI [REFERRED TO]
GOPAL VISHNU GHATNEKAR VS. MADHUKAR VISHNU GHATNEKAR [REFERRED TO]
NOZER GUSTAD COMMISSARIAT VS. CENTRAL BANK OF INDIA [REFERRED TO]
ANTONIO JOAO FERNANDES VS. ASSISTANT PROVIDENT FUND COMMISSIONER [REFERRED TO]
OM WATI VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. ASHWANI KUMAR [REFERRED TO]
INDRANI WAHI VS. REGISTRAR OF COOP. SOCIETIES AND ORS. [REFERRED TO]

JUDGEMENT

(1.) The issue which arises for consideration in this group of Appeals is whether the view taken by the learned Single Judge in the case of Harsha Nitin Kokate v. The Saraswat Co-operative Bank Limited and Others 2010(3)Mh.L.J 780 is correct. In Harsha Nitin Kokate's case, in paragraphs 24 and 25, it was held thus:

(2.) The specific statutory provision making the nominee entitled to all the rights in the shares excluding all other persons would show expressly the legislative intent. Once all other persons are excluded and only the nominee becomes entitled under the statutory provision to have all the rights in the shares none other can have it. Further section 9.11 of the Depositories Act 1996 makes the nominee's position superior to even a testamentary disposition. The non- obstante Clause in section 9.11.7 gives the nomination the effect of the Testamentary Disposition itself. Hence, any other disposition or nomination under any other law stands subject to the nomination made under the Depositories Act.

(3.) When these Appeals were placed before a Division Bench of this Court on 7th September 2015, the following order was passed:

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SHAKTI YEZDANI AND ANR Vs. JAYANAND JAYANT SALGONKAR

Referred Judgements :-

JUDGEMENT

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