1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 155 OF 2006 IN CHAMBER SUMMONS NO.731 OF 2005 IN EXECUTION APPLICATION NO.192 OF 2002 IN SUMMARY SUIT NO.491 OF 1999 Smt.Nita M.Patel, mother & natural guardian of Minor Mst.Naman M.Patel ...Appellant. vs. 1.Jetu Jacques Taru Lalvani & ors. ...Respondents ... Mr.Rohit Kapadia, Sr.Advocate with Mr.Amit Shroff, for Appellant. Mr.N.K.Mudnaney, for Respondent no.1. AND APPEAL NO.471 OF 2009 IN CHAMBER SUMMONS NO.1164 OF 2007 IN EXECUTION APPLICATION NO.260 OF 2004 IN AWARD DATED 30TH MAY 2001 IN ARBITRATION CASE NO.11 OF 2001 Mr.Naman Madhav Patel. ...Appellant. vs. 1.Sundaram Finance Ltd. & ors. ...Respondents 2 ... Mr.Rohit Kapadia, Sr.Advocate with Mr.Amit Shroff, for Appellant. Mr.J.P.Sen i/b. Mr.Gaurang Mehta,for Respondent no.1. AND APPEAL NO.472 OF 2009 IN CHAMBER SUMMONS NO.795 OF 2006 IN EXECUTION APPLICATION NO.260 OF 2004 IN AWARD DATED 30TH MAY 2001 IN ARBITRATION CASE NO.11 OF 2001 Mr.Naman Madhav Patel. ...Appellant. vs. 1.Sundaram Finance Ltd. & ors. ...Respondents ... Mr.Rohit Kapadia, Sr.Advocate with Mr.Amit Shroff, for Appellant. Mr.J.P.Sen i/b. Mr.Gaurang Mehta,for Respondent no.1. --- CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ. DATED: 6th April, 2010 P.C.: Parties agreed that, for disposing of these appeals in following terms, no reasons are necessary 3 to be recorded:- 1. The orders impugned in the appeals are set aside. The matters are remitted back to the learned Single Judge for denovo consideration and decision in accordance with law. 2. By consent of parties, the applicant is permitted to join the Society concerned as party to the application. While deciding these applications pursuant to this order, the learned Single Judge is requested to decide the following issues:- (i) Whether the Gift of the share certificate by Mr.B.M.Patel to Mr.Naman M.Patel is vitiated because of fraud ? (ii) Is the document of Gift of shares of a Tenant co-partnership society compulsorily registerable under the Registration Act ? (iii) If yes, what is the consequence 4 on membership of Mr.Naman M.Patel of the concerned Co-operative Society as also transfer of shares of that society in his favour ? (iv) Whether the stamp duty on the document as per the Law has been paid ? 3. It is common ground that Mr.Naman M.Patel attained majority during the pendency of these proceedings, therefore, he should be permitted to be brought on record as applicant. 4. During the pendency of the proceedings before the learned Single Judge, the interim order which is operating during the pendency of the appeals shall continue to operate. The appeals are disposed of. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.) ...