GAHC010269532025

2026:GAU-AS:953 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/3983/2025 SOMNATH CHATTERJEE SON OF LATE TARINI CHARAN CHATTERJEE, RESIDENT OF GC-77, SALT LAKE, SECTOR-III, KOLKATA - 700096, WEST BENGAL VERSUS B AND A LIMITED AN EXISTING COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT INDU BHAVAN, MAHATMA GANDHI ROAD, JORHAT - 785001, ASSAM AND PRESENTLY AT VILL.

GARIAHABI, CHARINGIA, MOUZA KHANGIA, DIST. JORHAT, ASSAM -

785006

2:SHARMILA VIJAY SHETTY RESIDING AT B-32 TURF VIEW SETH MOTILAL SINGHI MARG MUMBAI-400018.

3:HDFC BANK LTD.

CARRING ON BUISNESS INTER ALIA FROM 11 U.N. BRAHMACHAL STREET KOLKATA-700017 WEST BENGA Advocate for the Petitioner : MR. W SHARMA, S SENGUPTA,MR P GOGOI,MR. A K SAHEWALLA Advocate for the Respondent : MR. P BORAH, MR. P SARMAH (R-3),R BASUMATARY (R-

3),MR. S HAZARIKA,MR B KAUSHIK,K BHARALI In FAOCase No. 62/2025 With FAO Case No. 62/2025 CAVT. NO. 09732/025, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

28.01.2026 [1] Heard Mr. R. Banerjee, the learned Senior Counsel, assisted by Mr. D. Sharma, the learned counsel for the applicant/appellant. Also heard Mr. K. N. Choudhury, the learned Senior Counsel, assisted by Mr. K. Jain, the learned counsel for respondent No. 1. Also heard Mr. D. Mozumder, the learned Senior Counsel, assisted by Mr. S. Hazarika, the learned Counsel for respondent No. 2 as well as Mr. R.

Chakraborty, the learned counsel, appearing for respondent No. 3.

[2] This interlocutory application has been filed by the applicant/appellant, Mr. Somnath Chatterjee, under Section 151 of the Code of Civil Procedure, 1908 praying for a direction to respondent No. 3 for reversion of illegal transfer of 861918 numbers of equity shares from the joint account of deceased Shri Hemendra Prasad Barooah and the respondent No. 2 Sharmila Vijay Shetty to the account of respondent No. 2 in violation of the order dated 24.09.2025, passed by this Court in I.A.(Civil) No. 3216 of 2025 arising out of FAO No. 62/2025.

[3] The facts relevant for consideration of the instant interlocutory application, in brief, are that the present applicant claims to be the executor of the estate of Late Hemendra Prasad Barooah, who left behind his last registered Will dated September th

17 , 2012. As per Clause 2.1 of the aforesaid Will, the 861918 numbers of equity shares of the respondent No. 1 company, namely, B & A Limited, which was held by the deceased Hemendra Prasad Barooah, as the first name holder along with the respondent No. 2 as the second name holder, have been bequeathed to a family trust known as Hemen Barooah Benevolent & Family Trust (HBBFT).

[4] The present applicant, who is the executor of the aforesaid Will, also filed a probate application before the Calcutta High Court for grant of probate in respect of the last Will of the deceased Hemendra Prasad Barooah. The said probate application is presently pending before the Calcutta High Court and has been registered as Title Suit No. 27/2016.

[5] The respondent No. 2, who is the daughter of Late Hemendra Prasad Barooah, is opposing the grant of probate before the Calcutta High Court in the aforesaid Title Suit.

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[6] Before his death, on July 31 2013, the deceased Hemendra

Prasad Barooah had filed a title suit before the Court of the learned

Civil Judge, Jorhat, praying for declaration that he is the sole and

absolute owner of 861918 numbers of equity shares of the

respondent No. 1 company, which was lying in the demat account bearing DPID IN 301151 and client ID 26424547 in the names of deceased Hemendra Prasad Barooah and the respondent No. 2. Apart from the relief of declaration, the decree for mandatory and perpetual injunction has also been sought for in the aforesaid title suit.

[7] It is contended by the applicant that Late Hemendra Prasad Barooah was the absolute owner of 816918 numbers of equity shares of B & A Limited, which were initially