Karnataka High Court
Shri K Jagadishchandra Kamath vs The Investor Education And on 12 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:5845
WP No. 29073 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 29073 OF 2023 (GM-RES)
BETWEEN:
SHRI K JAGADISHCHANDRA KAMATH
S/O LATE SHRI K M KAMATH
MAJOR IN AGE
55 YEARS
5TH FLOOR, NO.132,
CHITRAPUR BHAVAN
15TH CROSS, 8TH MAIN
MALLESHWARAM
BANGALORE - 560 055
...PETITIONER
(BY SMT. VEENA J. KAMATH, ADV.)
AND:
Digitally signed by THE INVESTOR EDUCATION AND
PADMAVATHI B K PROTECTION FUND AUTHORITY
Location: HIGH MINISTRY OF CORPORATE AFFAIRS
COURT OF GOVERNMENT OF INDIA
KARNATAKA GROUND FLOOR
JEEVAN VIHAR BUILDING
3, SANSAD MARG
NEW DELHI 110 001
REP. BY ITS AUTHORISED REPRESENTATIVE
...RESPONDENT
(BY SRI. H.SHANTHI BHUSHAN H., DSGI)
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NC: 2024:KHC:5845
WP No. 29073 of 2023
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO RE-TRANSFER THE SHARES/DIVIDED
TRANSFER TO THE INVESTOR EDUCATION AND PROTECTION
FUND AUTHORITY TO THE PETITIONER BY CONSIDERING THE
PETITIONERS REPRESENTATION DTD 27.03.2023 AT
ANNEXURE-A BY ISSUING A WRIT OF MANDAMUS OR ANY
OTHER ORDER IN THE NATURE OF WRIT OF MANDAMUS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following prayer:
"A. Direct the Respondent to re-transfer the shares/dividend transfer to the Investor Education and Protection Fund Authority to the Petitioner by considering the Petitioner's representation dated 27.03.2023 at Annexure-A by issuing a Writ of Mandamus or any other Order in the nature of Writ of Mandamus.
B. To issue any other writ/(s), order/(s) or direction/(s) for granting any other relief/(s) this Hon'ble Court deems fit and proper in the facts and circumstances of the case."
2. Heard the learned counsel Smt.Veena J. Kamath, appearing for the petitioner and the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., appearing for the respondent.
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NC: 2024:KHC:5845 WP No. 29073 of 2023
3. The grievance of the petitioner is that the approval for transfer of re-transfer of shares/dividend transferred to IEPF to enable the petitioner to execute the terms of the Will of one late Smt.Leela P. Hegde.
4. Learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., files a memo seeking to submit that all the documents necessary were not in place and if they are in place, claim of the petitioner would be processed and appropriate orders would be passed in accordance with law.
5. The submission is placed on record.
6. Therefore, I deem it appropriate to dispose the petition by directing the respondent to redress the grievance of the petitioner, within two weeks from the date of receipt of the copy of the order, if not earlier, in accordance with law.
Sd/-
JUDGE KG List No.: 1 Sl No.: 26