MRS. SUNITA SUBHAS KANDALKARVsPRAKASH YESHWANT PAWASKAR

Date: 16-01-2018
Business: Shri P.B.Baria, Advocate for Plaintiff present.  None for Defendant.
To ascertain Share and Debenture certificates number in the name of J.D. of legal heir of J.D., adjourned to 01/02/2018.
Next Purpose: FOR___________________
Next Hearing Date: 01-02-2018

Date: 01-02-2018
Business: Mr. P.B.Baria, Advocate for Plaintiff present.  None for Defendant.
On request of Baria, matter adjourned to 02/02/2018 at 12.30 p.m.
Next Purpose: FOR___________________
Next Hearing Date: 02-02-2018

Date: 02-02-2018
Business: Mr. P.N.Bhageerathan, I/b. Mr. P.B.Baria, Advocate for Plaintiff present.  Ms. Mansi Nair, Advocate for Defendant No. 2 present.
Mr. Bhageerathan seeks time to take instructions from client.  Hence, adjourned to 06/03/2018.
Next Purpose: FOR___________________
Next Hearing Date: 06-03-2018

Date: 06-03-2018
Business: Shri P. B. Baria, Advocate for Plaintiff present. Shri Deepak J. Singh, Advocate for Defendant No.2, present. Shri Prakash Yeshwant Pawaskar, Defendant No.1, personally present. Defendant No.1 undertakes to file his reply. Advocate for Defendant No.2 states that they are ready to co-operate with the Court to effect the partition of Shares as per the Court Order and the arrangement made in between parties.  Defendant No.1 will serve the reply to Defendant No.2 and Plaintiff.  Adjourned to 09/04/2018.
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2018

Date: 09-04-2018
Business: P.B. Baria Advocate for plaintiff present. Defendant No.1 present. Defendant no.1 tenders affidavit in reply dt. 09.04.2018 same is taken on record in marked as Exh 5. By consent matter is Adjd 04.05.2018
Next Purpose: FOR___________________
Next Hearing Date: 04-05-2018

Date: 04-05-2018
Business: Mr.P.N. Bhageerathan Advocate for Plaintiff present.  Defendant No 1 Present supplimentary affidavit dated 10/04/2018 tender by defendant No. 1 is taken on record and marked as Exhibit 6. In view of the said affidavit, advocate for plaintiff filed application, for passing  appropriate order for transfer of 381 shares to the plaintiff, the same taken on record and marked as Exhibit 7. As the defendant has no objection for transfer of 381 shares in folio no. 2747 in the name of plaintiff,  Karvy Computer Shares Pvt. Ltd. To transfer 381 shares in folio no. 2747 in the name of plaintiff, and for compliance of the order matter stand adjourned to 04/08/2018
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2018

Date: 04-08-2018
Business: Mr.P.N. Bhageerathan Advocate for Plaintiff present.  Shri Prakash Yeshwant Pawaskar, Defendant No.1, personally present.  Shri Pawaskar files application requesting to issue order for transfer of 381 shares in the name of Plaintiff alongwith his application dated 26/04/2017, addressed to Mahindra and Mahindra Ltd. on the subject 381 shares, same are t.o.r. and marked as Exh.8 (colly.).  Mr. Bhageerathan agrees to lodge Chamber Order in respect of transfer of shares in the name of Plaintiff.  For compliance of order adjd to 03/09/2018.  Chamber Order issued separately.
Next Purpose: FOR___________________
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: Mr. P.N.Bhageerathan and Mr. P. B. Baria, Advocates for Plaintiff present. Shri Prakash Yeshwant Pawaskar, Defendant No.1, personally present.  Adjd for compliance to 27/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2018

Date: 27-09-2018
Business: Mr. P.N.Bhageerathan, Advocate for Plaintiff present. Shri Prakash Yeshwant Pawaskar, Defendant No.1, personally present. Application for amended Chamber Order tendered by Shri Bhageerathan, taken on record, marked as Exh.-9.  Upon perusing application and upon hearing Shree Bhageerthan and Shri Prakash Pawaskar, Defendant No.1, the said application is allowed.  By consent, for compliance, adjourned to 15/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Mr. P.N.Bhageerathan, Advocate for Plaintiff present.  Shri Prakash Yeshwant Pawaskar, Defendant No.1, personally present.  By consent of Advocate for Plaintiff and Defendant No.1, for taking further steps and for compliance of Chamber Order, adjd to 12/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 12-11-2018

Date: 12-11-2018
Business: Mr. P.B.Baria, Advocate for Plaintiff present.  Shri Prakash Yeshwant Pawaskar, Defendant No.1, personally present. Shri Pawaskar has tendered copy of letter Dtd.05/11/2018 addressed to Mahindra and Mahindra Ltd. for transfer of 381 shares to plaintiff, copy of which has been served upon Shri Baria, across the bar.  Copy of letter Dtd.05/11/2018, acknowledged by Shri Baria, taken on record, marked as Exh.10.  By consent, for compliance, adjourned to 30/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 30-11-2018

Date: 30-11-2018
Business: Shri Bhagirathan, Advocate for plaintiff present.  Defendant No.1 present.  Shri Bhagirathan has tendered copy of letter addressed to Mahindra and Mahindra Ltd., by the plaintiff.  Copy of the said letter has been served across the bar upon defendant No.1, and filed in the proceedings.  Shri Bhagirathan states that the Chamber Order could not be complied on account of non co-operation on the part of defendant No.1.  However, today the Defendant No.1 undertakes to do the needful in the matter and hence, by consent, djourned to 19/12/2018, for compliance.
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2018

Date: 19-12-2018
Business: Shri Bhagirathan, Advocate for plaintiff present. Defendant No.1 present. Shri Pawaskar states that he has addressed communication dated 15/12/2018 to Mahindra and Mahindra Ltd., in respect of transfer of 1524 shares to plaintiff.  Copy of the said letter has been served upon advocate for plaintiff across the bar and filed in the proceedings.  Hence, on reqeust of Shri Bhagirathan, for compliance, adjourned to 16/1/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Shri. P. B. Baria, Advocate for plaintiff present. Shri. Pawaskar, defendant no. 1 present. Shri. Pawaskar has tendered copy of communication Dt. 21/12/2018, address to Mahindra and Mahindra Ltd., taken on record and marked as Exh. 11. Copy of the same has been served upon Shri. Baria across the bar and Shri Baria has endorsed his say thereon. Shri. Pawaskar has tendered application Dt. 16/01/2019, for revision of chamber order issued in the matter, taken on record and marked as Exh. 12. Shri Baria, seeks time to file say on the said application. By consent adjourned to 31/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 31-01-2019

Date: 31-01-2019
Business: Shri. P. N. Bhagirathan, Advocate for plaintiff present. Defendant present. Heard both sides. Shri. Bhagirathan states that he is claiming dividend on the shares and request for adjournment till tomorrow, for submitting affidavit in respect of the same alongwith the statement of the dividend. Hence, by consent adjourned to 01/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-02-2019

Date: 01-02-2019
Business: Shri. P.N. Bhagirathan, Advocate for plaintiff present. Defendant present. Plaintiff has filed the present exe. Application for exectution of decree dt.05/01/2017, passed by the Honourable Court whereby it is declared that plaintiff has 1/2  share in the investment of deceased Yeshwant Mahadev Pawaskar in the shares held by him under Folio No. P-2747 and it has been further ordered to transfer 381 shares in the name of plaintiff within period of two months from the date of order. Accordingly,  chamber order was issued in the month of Aug.2018. However, through oversight instead of 1/2 shares, all the shares in the Folio to be transferred in the name of plaintiff came to be mentioned in the said chamber order. Therefore amended chamber order dt. 09/10/2018, rectifying the errors in the  earlier chamber order came to be issued. It is contention of the plaintiff that though the chamber order issued, the defendant by one or the other way preventing in the process of transfer of shares stating that, he is ready for transfer of shares but will not transfer the dividend in the name of plaintiff. The defendant has filed application Dtd.16/01/2019, stating that the plaintiff is not entitled to dividend from the date of suit i.e. 21/12/1999 till the date of actual transmission of the said shares and has prayed that Chamber Order Dtd.09/10/2018 be revised accordingly. Advocate for plaintiff has filed affidavit of plaintiff dt. 01/02/2019, Exh. 13, whereby the plaintiff is claiming the dividend on the shares to be transferred from the date of filing of the suit i.e. 21/12/1999, contending that she is entitled for and vested with 1/2   share in the investment of deceased in Folio No. P-2747 which includes accrued benefit and also contending that when she has 1/2 share in the investment, she is eligible for its benefit. She has further stated that the Court Order does not mention anywhere in the order that she is not entitled for dividend to her   share in Folio No P-2747. I have heard the advocate for plaintiff and taking into consideration the provisions of SC(R)A Act, the \''Securities\'' includes \''Shares\'' and the Honourable Court has partitioned 1/2 share in the investment, therefore, there is no infirmity in the amended chamber order dt. 09/10/2018.  Since the Chamber Order is already issued in Execution of Decree, the Execution Application stands disposed of accordingly. Parties and authorities concerned to act on the amended chamber order dt. 09/10/2018. The defendant, if aggrieved by this order, can challenge the order within the limitation period before the appropriate forum.
Nature Of Disposal: ALLOWED
Disposal Date: 01-02-2019

NOTICE OF MOTION/103347/2019

Filing Number: 100039/2018
Filing Date: 01-01-2018
First Hearing Date: 16th January 2018
Decision Date: 01st February 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI