Gujarat High Court
Hansaben Chimanlal Vadiya vs Registrar on 8 August, 2017
Author: C.L.Soni
Bench: C.L. Soni
C/SCA/12228/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12228 of 2017
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HANSABEN CHIMANLAL VADIYA....Petitioner(s)
Versus
REGISTRAR....Respondent(s)
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Appearance:
MR UI VYAS, ADVOCATE for the Petitioner(s) No. 1
MR. KARAN U VYAS, ADVOCATE for the Petitioner(s) No. 1
MS DHRUMA U VYAS, ADVOCATE for the Petitioner(s) No. 1
LAW OFFICER BRANCH, ADVOCATE for the Respondent(s) No. 1
MR GM JOSHI, ADVOCATE for the Respondent(s) No. 1
MR HEMANG M SHAH, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 08/08/2017
ORAL ORDER
1. The petitioner had filed Misc. Civil Application No.01 of 2015 in the Court of learned Principal Civil Judge, Mahuva for obtaining succession certificate under Section 372 of the Indian Succession Act, 1925. On such application, the learned Principal Civil Judge, Mahuva ordered that succession certificate be issued in the name of the petitioner to collect the principal Eicher Motors Limited, Share Folio No.00023872, No. of Shares : 100, Amount per share Rs.16080/- (Total Amount of Shares Rs.16,08,000/-) on applicant producing the necessary stamp. Following such order, the petitioner submitted stamp papers for the amount of Rs.75,000/- with the Court of learned Principal Civil Judge.
2. It appears that after the order was made by the learned Principal Civil Judge, Mahuva, the concerned Principal Civil Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Aug 09 01:53:39 IST 2017 C/SCA/12228/2017 ORDER Judge was transferred and, thereafter, the succession certificate, on the stamp papers produced by the petitioner, was issued by the learned 2nd Ad-hoc Additional Civil Judge, Mahuva. The petitioner produced such succession certificate before the company, for transfer of shares, however, the succession certificate was returned with objection that there was overwriting on it, and the petitioner was intimated that after the petitioner produced rectified certificate, the necessary approval of the company will be taken for the purpose of transfer of the above shares. It is under these circumstances, the petitioner preferred application on 24.11.2016 in application being Misc. Civil Application No.01 of 2015 seeking to make initial on or by the side of overwriting / whitener made in the succession certificate and to affix the stamp of the Court. Such application was rejected by the present learned Principal Civil Judge, Mahuva by order dated 23.03.2017 on the ground that such correction cannot be made in exercise of powers under Section 152 of the Civil Procedure Code, 1908 ("the Code"). It is this order which is challenged before this Court in the present petition filed under Articles 226 and 227 of the Constitution.
3. On issuance of notice in the present petition, learned advocate Mr.Shah has appeared for respondent - Registrar, Principal Civil Judge (J.D.) at Mahuva. Mr.Shah pointed out that in fact, there is no overwriting or any deletion made from the succession certificate but since the last line of the succession certificate on page no.14 was printed second time, it was covered with whitener and since, there was mistake committed at writing of designation of the learned Judge, after putting the whitener, the correct designation was written.
Page 2 of 4HC-NIC Page 2 of 4 Created On Wed Aug 09 01:53:39 IST 2017 C/SCA/12228/2017 ORDER Learned advocate Mr.Shah stated that the succession certificate was validly issued pursuant to the order made in above referred Misc. Civil Application No.01 of 2015.
4. Learned advocate Mr.Shah stated that the learned Judge, who had issued the succession certificate is presently discharging his duty as Principal Civil Judge at Gadhada, District:
Bhavnagar. Mr.Shah has drawn the attention of the Court to the copy of the communication dated 27.07.2017 addressed by the learned Judge to the Principal District Judge, Bhavnagar wherein it is stated that due to some technical error, sentence "given under my hand and seal of the court on this day of 19th June of 2015" printed two times, one after the other and the name of the presiding officer was mentioned as J. P. Parmar instead of V. D. Vyas on page no.14. So bona fidely "I have struck of the said sentence and name of my predecessor with whitener and put my full signature at the same place. As I have signed at the place where I applied whitener and bona fidely, I had not put my initial over there".
5. Therefore, it appears that putting of whitener on the last page of the succession certificate is on account of the correction which was required to be made as stated by learned Judge.
6. Even if the rectification in the certificate as required by the petitioner is not to be done in exercise of power under Section 152 of the Code, the learned concerned Judge who issued the succession certificate can put his initial where the whitener is placed. Now since concerned learned Judge is posted at different place, his initial could be obtained through the respondent at the last page of succession certificate where Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed Aug 09 01:53:39 IST 2017 C/SCA/12228/2017 ORDER such initial is required and stamp of the Mahuva Court could be affixed.
8. In above view of the matter, the following order is made.
The petitioner shall produce the original succession certificate given to her pursuant to the order dated 01.05.2015 made by the then learned Principal Civil Judge, Mahuva in Misc. Civil Application No.01 of 2015 before the respondent within a period of one week from today. On petitioner producing the original succession certificate, the respondent shall get initial of learned Judge who had issued such succession certificate on page no.14 thereof and the respondent after getting initial shall also affix the stamp of Mahuva Court and handover the original succession certificate immediately to the petitioner.
9. The petition stands disposed of accordingly. Direct service is permitted.
(C.L.SONI, J.) vijay Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Aug 09 01:53:39 IST 2017