Calcutta High Court
Jack Dunhill Somerville & Ors vs Roberta Rae Somerville & Anr on 22 July, 2008
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 2263 of 2008
PLA No. 296 of 2005
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
ORIGINAL SIDE
JACK DUNHILL SOMERVILLE & ORS.
Versus
ROBERTA RAE SOMERVILLE & ANR.
For the Petitioner : Mr. S.K. Kapur, Sr. Advocate
Mr. Sanjay Ginodia, Advocate
Mr. Manoj Tewari, Advocate
For the Respondent : Mr. S.N. Mookerjee, Sr. Advocate
Mr. D. Basak, Advocate BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE Date : 22nd July, 2008.
The Court : This is an application for revocation of letters of administration with copy Will granted in common form. The principal ground canvassed by the applicants is that the applicants were not cited despite the applicants being the children of the deceased through a previous marriage.
An ex-parte order was made on July 16, 2008 which is modified in the following manner by consent of the parties.
The respondent will be restrained from dealing with or disposing of or transferring or alienating or encumbering any of the shares formerly held by the deceased as described in Schedule-C at page 29 of the application. The respondent contends that she controls the Board of Directors of three companies by the name of Eastern Scales Private Limited, Bell Punch (India) Private Limited and Automatic Machine Company (India) Limited. The respondent makes a 2 statement that the respondent will ensure that no general meeting of the said three companies are held, that no new registration of transfer of any shares in any of the three companies is made and that no asset of any of the three companies is transferred or sold save in the usual course of business of the relevant company. It is submitted by the respondent that the share certificates that stood in the name of the deceased are not at present in India and the respondent has volunteered to produce such share certificates on the adjourned date. The parties have also agreed that none of the parties will cause any of the tenancies enjoyed by any of the three companies to be surrendered and will ensure that such tenancies are retained till the adjourned date.
Copies of the minutes of the board meetings of the three companies whereat it had been resolved that the shares of the deceased would stand registered in the names of the respondent, will be furnished to the applicants within two weeks from date. This interim order modifying the order dated July 16, 2008 will continue till disposal of this application.
Affidavit-in-opposition may be filed by August 18, 2008. Reply thereto, if any, may be filed before the matter is taken up with an advance copy to the respondent. The matter will appear as an adjourned motion ahead of monthly matters on August 25, 2008.
Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) sg.