1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 38 OF 2009 IN REVOCATION PETITION NO. 23 OF 2009 IN PETITION NO. 584 OF 2008 Vimal M. Rajani .. Petitioner Vs Vinod R. Rajani .. Respondent Mr. G.H. Shukla for the Petitioner Ms Mittal Shah for the Respondent Mr. Tejas Vora with Mr. Satish Kamant for third party CORAM : DR. D.Y. CHANDRACHUD, J DATE : 24th APRIL, 2009. P.C.: 1. The relief that has been sought in the notice of Motion is an injunction restraining the Respondent from selling, transferring, disposing of, dealing with and / or creating third party rights and/or encumbrances in respect of certain shares held by the deceased in Sindhu Resettlement Corporation Ltd. The Respondent has obtained a succession certificate on 11th June Rma NMT3809240409.sxw 2 2008. It has been stated before the Court on behalf of the Respondent that on the strength of the succession certificate, the Respondent purported to transfer the share certificates to a third party on 6th December 2008. The share certificates do not represent shares simplicitor as is ordinarily the case but represent an eventual right to obtain immovable property. The Sindhu Resettlement Corporation by its letter dated 29th January 2009 has stated that it was informed that the deceased had other legal heirs including his sons and married daughters. The corporation has stated that the succession certificate was obtained by misrepresentation and until such time that it received an appropriate clarification from the Respondent, it was not proceeding to effect the transfer of the shares. The petition has been filed for revocation of the succession certificate. 2. Prima facie, in the present case, there is merit in the contention that the succession certificate was obtained by Rma NMT3809240409.sxw 3 suppressing the fact that the deceased had left behind sons and daughters who would be entitled to a share and interest in his estate. In these circumstances, there shall be an order restraining the Respondent from selling, transferring, disposing of or creating third party rights or encumbrances in respect of the said shares bearing No. 3892,MRF 2136 held by late Ramchand Narsumal Rajani in Sindhu Resettlement Corporation Ltd. 3. The notice of Motion is accordingly disposed of. 4. In so far as the third party which has purportedly acquired the share of the Respondent is concerned, it is clarified on the request of its learned counsel that it would be open to the third party to seek to take recourse to such remedies that are available in law. (DR. D.Y. CHANDRACHUD, J) Rma NMT3809240409.sxw 4 Rma NMT3809240409.sxw