Dismissed

Naman Madhav Patel v. Jetu Jaques Taru Lalwania and 4 Ors.

Bombay HC10 Apr 2023APP/28/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay dismissed an appeal as withdrawn filed by the appellant against an order concerning the validity of a gift of a share certificate. The court granted liberty to the appellant to file a review petition. An associated interim application was also disposed of.

What did the court decide?

Appeal dismissed as withdrawn with liberty to file review petition. Interim application disposed of.

Naman Madhav Patel Vs Jetu Jaques Taru Lalwania… — Succession and Inheritance | Bombay HC (2023)

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Digitally signed by MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date:2023.04.11 11:06:55 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL NO.28 OF 2021

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IN
CHAMBER SUMMONS NO.731 OF 2005
IN

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EXECUTION APPLICATION NO.192 OF 2002
IN
SUMMARY SUIT NO.491 OF 1999

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Naman Mahadev Patel….Appellant

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 V/s.

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Jetu Jaques Taru Lalwania & Ors

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…Respondents

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WITH INTERIM APPLICATION (L) NO.32778 OF 2022

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IN

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APPEAL NO.28 OF 2021

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----

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Mr. Sunip Sen, Senior Advocate a/w Mr. Amit Shroff, Ms Ashna Shah, Ms
Jyoti Ghag and Mr. Vishal Sapre i/b Dua Associates for Appellant.
Mr. Yatin Shah for Respondent No.1.

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 ----

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 CORAM : K.R. SHRIRAM &

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 RAJESH S. PATIL JJ
 DATED : 10th APRIL 2023

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P.C. :

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1 Appellant is impugning an order dated 22^nd January 2020 passed by a

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Learned Single Judge of this court.

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2 One of the issue that was to be decided by the Learned Single Judge

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in the impugned order was, whether the gift of the share certificate by Mr.

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B. N. Patel to Mr. Naman Patel is vitiated because of fraud ? The Learned

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Single Judge answered the issue by observing that it was incumbent upon

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appellant to prove the document of gift deed dated 5th August 1993 and

Meera Jadhav

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neither original document is placed on record, nor the same has been
proved in any manner known to law. The court went on to answer that
since the document itself has not been proved, the question of answering
whether it is vitiated by fraud, does not arise. That is how we read
paragraph 8 of the impugned order.

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3Mr. Sen very fairly states that appellant did not bring to the notice of
the Learned Single Judge the order dated 20th July 2005 passed in Chamber
Summons No.731 of 2005 because according to Mr. Sen, the issue as framed
presupposed that there was a gift deed in place. Mr. Sen states that in the
order of 20th July 2005, the Judgment Creditor has admitted that there is a
gift deed but according to Judgment Creditor it is not a valid gift deed.

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4In the impugned order, this order of 20th July 2005 has not been
brought to the notice of the court, for the court to consider whether even in
such circumstances, the gift deed had to be proved independently.

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5In the circumstances, Mr. Sen seeks leave of the court to withdraw the
appeal with liberty to file review petition.

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6Keeping open all rights and contentions of the parties, appeal
dismissed as withdrawn with liberty as prayed for.

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7 Consequently, interim application also stands disposed.

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(RAJESH S PATIL, J.)(K.R. SHRIRAM, J.)

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Meera Jadhav

Naman Madhav Patel v. Jetu Jaques Taru Lalwania and 4 Ors.

Case brief

What is this about?

What did the court decide?

Naman Madhav Patel v. Jetu Jaques Taru Lalwania and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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