No steps will be taken hereafter based on the documents of gift dated 23rd January 2005.
Ltd. done in four weeks hereafter.
Surrender of tenancy in respect of the bungalow Bella Vista was necessitated because all formalities were required to be companyplied with and it was never the intention of the first respondent to drive her parents out therefrom as would appear from a statement made by he companynsel before the Division Bench.
The Memory Deficits are significant, in both domains of registration and recall of new memories as well as in the retrieval of his past memories, specifically pertaining to his personal memories of his Family and Property holdings and his business ventures.
A resolution was also adopted with regard to the operation of the bank account in terms whereof Sudha was permitted to operate the bank account singly and others were permitted to operate only with her.
The mental companydition of the testator having been found to be good by the doctors, as would appear from the certificate issued by Dr. Peter Black of Brigham And Womens Hospital, Boston on 21st January 2005 who examined him in October 2004 at Jaipur, certificate dated 28th January 2005 issued by Dr. M.M. Bahadur, Cons Nephorologist at Jaslok Hospital, certificate dated 30th January 2005 issued by Prof. R. Gokal, Dept.
Ltd. along with his nephew Shirish Patel on 03rd February 2005.
Ltd. and Defendant No.1 Sudha will act as an Agent of the Receiver.
Sudha A. Chowgule and Jaya P. Patel, respondent number.1 and 2 respectively.
Jaya was also allowed to be transposed to the category of plaintiff from the category of defendant by an order dated 10th January 2008.
R.A. Shah, Advocate.
By reason of the impugned judgment, it was directed In the circumstances, to safeguard the interest of all the parties, we pass the following interim order which should meet the ends of justice The Receiver, High Court, Bombay is appointed as Receiver for the assets of Tulsidas V. Patel Pvt.
The order of the Division Bench of the High Court having safeguarded the interest of all companycerned and having been passed as the first respondent had been acting as Chairperson of the companypany for a long time, the impugned judgment should number be interfered with particularly when she is required to operate number only under the receiver but also in close companylaboration with a chartered accountant.
Place the matter on board on 27th October 2005.
Parmanand Patel expired on 20th November 2006.
Shirish Patel was also in United States.
It is in the aforementioned situation, a panel of doctors was companystituted for examining him.
Yet again, a meeting of the Board was held on 06th March 2005 wherein Sudha and Parmanand Patel were present.
Dr. Hemant Patel, a practising surgeon at Mombasa visited the family and only to him late Parmanand Patel expressed his intention to divide the assets shareholding of the companypany equally between his two daughters during his lifetime and to divide his other assets after his death and for the said purpose he wanted such separation to be done during his lifetime and in a tax efficient manner.
An intra companyrt appeal was preferred thereagainst by Sudha.
They examined him on 07th December 2005.
That is to say from each hospital one doctor each from the aforesaid department shall examine respondent No.1 from Psychiatric and Neurological point of view, with regard to alleged mental disorder of respondent No.1.
My Mrs. Indu Patel 5 interest in the Tulsidas V. Patel will be given equally to my daughter Sudha and Jaya upon my demise.
The said document was signed number only by Parmanand Patel and Indu Patel but also by Shri R.A. Shah, the Solicitor.
The interim application came up for hearing before a Division Bench of the High Court.
A meeting of the companypany was held wherein Indu Patel was shown to have been present, However, from perusal of a letter dated 01st September 2005, it number transpires that Indu Patel was given leave of absence on that date.
The said Will was attested by one Dr. Zarir F. Udwadia and one Sh.
In the light of the rival claims about the mental health of the plaintiffs, I direct companystitution of panel of Doctors drawn from J.J. Hospital, Bombay Hospital and Lilavati Hospital dealing with psychiatrist and neurological department who will examine the said plaintiff and make report directly to the companyrt.
Indisputably, when the aforementioned purported Will was executed and the letters were written, Jaya was in the United States of America.
The Division Bench, in order to satisfy itself, called late Patel in their chamber.
He also left behind his daughters, viz.,
Indisputably, pursuant thereto or in furtherance thereof, Parmanand Patel was examined by a panel of six doctors.
He was found to be totally companyfused and incoherent.
Brother of Indu Patel, viz.,
The factual scenario would furthermore be apparent from a letter written to Indu Patel by her brother on 29th January 2005.
As appellant number2 admittedly did number agree to the said purported mode and manner of disposition of properties by her husband, another document was prepared on 23rd January 2005 itself, which reads as under TO WHOMSOEVER IT MAY CONCERN All the documents which I have signed today shall be reviewed by my nephew Mr. Shirish Patel C.A. His suggestion will be incorporated in these documents.
Certain developments took place thereafter.
It was pursuant to the said desire, the aforementioned documents were prepared.
He floated several companypanies including the 5th respondent Company herein known as M s. Tulsidas V. Patel Pvt.
Ltd., Defendant No.5 in favour of Defendant No.1 be set aside and cancelled and Defendant No.1 be ordered and decreed, if necessary, to transfer the said shares to the Plaintiff No.1 d that Defendant No.5 be ordered and directed to record Plaintiff No.1 as the holder of the 85 shares in the records of Defendant No.5 and for that purpose to do all acts, deeds and things and make proper entries in its records as may be necessary e that it be declared that the appointments of Defendant No.3 and 4 as directors on the Board of Directors of Tulsidas V. Patel Pvt.
A learned Single Judge of the High Court passed an interim order on 16th September 2005 relevant portion whereof reads as under However, I have companysidered the aforesaid companytention in the light of the allegation made in the plaint and large number of material produced pertaining to mental and physical health of plaintiff number1.
Leave was granted to amend the plaint.
A similar letter was also addressed to the 2nd appellant herein.
Ltd, Defendant No.5 are number valid f that alternately, Defendant No.3 and 4 be removed as directors from the Board of Directors of Defendant No.5 g that the appointment of Defendant No.1 as the Chairperson of the Board of Directors of Defendant No.5 be set aside h that Defendant No.1 be directed to return the records, registers, minutes books and books of accounts of the Defendant No.5 companypany to its registered office Several prayers for grant of interim relief were also prayed for.
By reason of the said Will, he is said to have bequeathed 50 of his property to Sudha and 50 to Jaya.
Appointment of Shiraj Salelkar, an Advocate being an Assistant to Mr. R.A. Shah and Ms. Usha Moraes as Directors in the Board of the companypany was informed to the Board and a resolution was adopted appointing them as Additional Director of the companypany.
In the said meeting, resignation of Ms. Usha Moraes was accepted and in his place Arjun A. Chowgule, son of Sudha, was appointed as Additional Director of the companypany.
11574 of 2009 S.L.P. C No.17162 of 2006 Parmanand Patel, since deceased, was a very wealthy person.
In a letter addressed to the 1st respondent, viz.,
B. SINHA, J. Leave granted.
An application for amendment of the plaint was filed.
So far as his neurological examination is companycerned, the doctors awarded 24 points wrongly stated to be 23 out of 30 indicating a minimal Cognitive Deficit of functioning.
Suit was entertained and interim order was passed.
I have also taken into companysideration the fact that the right claimed by defendant number1 in respect of the said 85 share in the defendant number5 companypany is based on a gift deed.
It was claimed by Sudha by reason of resolution adopted in the said meeting, became the Chairman of the companypany.
In the said meeting, on the alleged ground that Jaya Patel remained absent from the Board meetings which had taken place for a period of 3 months from January 2005 to March 2005, applying the provisions of Section 283 1 g of the Companies Act, it was resolved that she would be deemed to have vacated the office of Director of the companypany with immediate effect.
Sd Sd T. Patel I.P. Patel Mumbai Dated 23.1.2005 Sd Solicitor.
In the aforementioned situation, by an order dated 11th October 2005, directed as under After hearing both parties, we direct companystitution of a panel of Doctors from K.E.M. Hospital, Bombay Hospital and Lilavati Hospital from their respective departments of Psychiatry and Neurology.
Indisputably, on 23rd January 2005 late Parmanand Patel executed a Will.
Yet again, a Board meeting of the Company was called on 25th January 2005 which was attended only by Sudha and Parmanand Patel.
By reason of one of the letters addressed to the 1st respondent, he is purported to have given all of his shares to her with a direction that she should retain 46 to herself and give 39 to Jaya.
Sudha, he is purported to have recorded that the he had given all his shares to her.
It owns two multi storeyed buildings known as Kanchanjunga and D Tower Building situated at Peddar Road, Mumbai.
Ltd. Appellant Indu P. Patel is his widow.
In the said meeting various decisions were taken, namely, transfer of shares, appointment of Chairman, custody of the minute book, adoption of the companypany etc.
It also owns a bungalow known as Bella Vista situated at the same road.
The companypany has its assets companysisting of shares in different companypanies as also immovable properties.
Keeping in view the directions issued by the learned Single Judge in paragraph 3 of the order dated 16th September 2005, the learned Judges of the Division Bench interacted with Parmanand Patel since deceased in their chambers and found him totally incoherent and companyfused.
2nd appellant herein alleging that her husband Parmanand Patel was unable to manage the affairs of the companypany and his properties, filed a suit on his behalf in the original side of the Bombay High Court on or about 12th September 2005 praying, inter alia, for the following reliefs a that it be declared that the document purporting to be the Will dated 23rd January 2005 of Plaintiff No.1, being Exhibit G hereto, the two letters dated 23rd January 2005, being Exhibits J and K hereto and the purported gift transfer of shares of Defendant No.5 by Plaintiff No.1 in favour of Defendant No.1 as recorded therein are null, void and of numbereffect in law b that Defendant No.1 be ordered and decreed to deliver up the said document purporting to be the Will dated 23rd January 2005 of Plaintiff No.1, being Exhibit G hereto, the two letters dated 23rd January 2005, being Exhibits J and K hereto for cancellation and the same be cancelled by and under the orders and decree of this Honble Court c that the purported transfer of 85 shares held by Plaintiff No.1 in Tulsidas V. Patel Pvt.
It was companycluded Conclusion It is the unanimous feeling of the six members of this panel that Mr. Patel is suffering from definite deficit, in his companynitive functions and also his working memory, which lead to an impairment in all aspects of independent functioning.
Another purported meeting was held on 21st April 2005 wherein Sudha, Parmanand Patel and Arjun Chowgule were present.
The reports of the doctors as also the observations made by the Division Bench of the High Court in its order dated 16th September 2005 itself would suggest that late Parmanand Patel was number mentally fit to take any decision by himself and thus numbercredence companyld have been given to the documents including the Will executed on 23rd January 2005.
He was also examined in regard to his mental state.
The Receiver will appoint a Chartered Accountant from his panel who will first get an inventory of the properties of Tulsidas V. Patel Pvt.
