SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(Mad) 62591

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C.V. KARTHIKEYAN
Mr. Maddali Chandra Sekhar – Appellant
Versus
Maddali Tripura Sundari and 3 others – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.07.2024 CORAM THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN O.P.No.35 of 2024 Mr.Maddali Chandra Sekhar … Petitioner Vs.

1.Mrs.Maddali Tripura Sundari

2.Mr.Maddali Raja Sekhar

3.Mrs.Sirisha Koduri Maddali

4.Ms.Varshini Lakshmi Tripura Maddali ... Respondents PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV Rule 6 of O.S. Rules to grant Succession Certificate to Maddali Chandra Sekhar with power to collect all shares, withheld shares, bonus shares, shares with change in face value and accrued and future dividends, take appropriate action in the case of missing share certificates; to apply to Investor Education and Protection Fund (IEPF) for retrieving shares and dividends transferred to them by companies; to claim any shares not allotted by any company due to merger, demerger or acquisition by other company or due to name change or stock split, due to split in face value; to take legal recourse on behalf of all petitioners for retrieving the shares and / or dividends withheld; to receive and to demat all physical shares and above shares as and when received; to transfer / convey shares to the respondents; to receive withheld shares and accrued dividend and interest; to apply to the bank for retrieving the funds in account of Late Maddali Sriramakrishna.

For Petitioner : Mr.V.Ravi For Respondents : Mr.Prasad Vijayakumar for R3 & R4 Mr.G.Nanmaran, For R1 & R2

O R D E R

The petition has been filed seeking Succession Certificate of the debts and securities of Maddali Sri Ramakrishna who died intestate on

31.10.2000.

2. It is stated that with respect to the debts and securities, the first respondent had earlier filed O.P.No.128 of 2008 seeking succession certificate. The succession certificate was granted and subsequently it was revoked consequent to a compromise effected, by an order dated 06.06.2022. The learned Single Judge had granted liberty to the parties to approach and seek succession certificate again. Accordingly, the present petition has been filed. The details of the debts and securities have been given in the schedule of the petition.

3. After following the due procedure, the petitioner was directed to tender evidence. Accordingly, the petitioner examined himself as P.W.1. and he marked the death certificate of Maddali Sri Ramakrishna as Ex.P1. The legal heir certificate of Maddali Sri Ramakrishna as Ex.P2. The death certificate and legal heir certificate of Maddali Vijay Kumar was marked as Exs.P3 & P4. It must be stated that the respondents 3 and 4 are the legal heirs of the deceased Maddali Vijay Kumar. The details relating to the securities were marked as Exs.P5, P10, P11 and P24. The earlier order passed by this Court was marked as Ex.P6. The memo of understanding among the parties dated 08.04.2022 was marked as Ex.P7. The joint compromise memo dated 18.04.2022 was marked as Ex.P8. The third and fourth respondents who had earlier filed an application in A.No.5544 of 2015 to revoke the grant of succession certificate which was granted in O.P.No.128 of 2008, had filed their consent affidavits this time and a learned counsel represented them.

4. Taking into consideration the nature of the evidence recorded and the documents produced, this Original Petition stands allowed and the Succession Certificate shall be issued in favour of the petitioner, with power to collect the debts and securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the Schedule hereunder on payment of appropriate succession duty, if not paid earlier.

01.07.2024 Index :Yes/No gsk APPENDIX Petitioner's witness:

P.W.1 – Mr.Maddali Chandra Sekhar Documents marked:

Exhibits Documents
P1 the photocopy of the death certificate of Maddali Sri Ramakrishna.
P2 the photocopy of the legal heirship certificate of Maddali Sri Ramakrishna.
P3 the photocopy of the death certificate of Madd

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top