1/4 35-IA-1855-2025 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1855 OF 2025 IN TESTAMENTARY PETITION NO. 83 OF 1991 Alexander Sylvester D’Souza ...Deceased Brendan Jude D’Souza ...Applicant. In the matter between: Brendan J Dsouza & Ors. ...Petitioners Versus Asian Paints Limited & Ors. ...Respondents _______ Mr. Nirman Sharma, Ms. Sheetal Shah i/b Mehta & Girdharlal for the Applicant. Mr. Bhushan Bhadgale a/w Mr. Omkar Nevgi i/b Omkar Nevgi for Respondent No.9. Ms. Pallavi Singh i/b King Stubb & Kasiva for Respondent No.14. _______ CORAM : ARIF S. DOCTOR, J. DATE : 22 nd SEPTEMBER, 2026 P.C. 1. The Applicant by this Interim Application seeks the following substantive reliefs: “a. That the Respondents be directed to disclose on oath the shares and unclaimed dividend held by the Deceased in their respective Companies, which came to be transferred to Original Executors, jointly or severally along with unclaimed dividends thereon till date, within 2 weeks of passing of the Order; b. This Hon'ble Court be pleased to direct the Respondents to transmit/transfer the shares originally held by the Deceased and subsequently transferred in the name of the Original Executors, jointly or severally, in favour of the Applicant; Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.09.23 15:17:09 +0530 2/4 35-IA-1855-2025 (OS).DOC c. Pending the hearing and final disposal of this Applications, the Respondents be directed by an Order of Injunction them preventing from transferring/transmitting the shares of the deceased which came to be transferred to Original Executors, jointly or severally along with unclaimed dividends thereon to any third parties;” 2. Heard Mr. Sharma, learned counsel appearing on behalf of the Applicant, who has, at the outset, invited my attention to the Order of this Court dated 29 th September, 2025, to point out that this Court had granted the Respondents time to file their Affidavits in Reply on or before 13 th October, 2025. 3. Mr. Sharma submits that, out of the 14 Respondents, only two Respondents have filed their Affidavits in Reply, namely, Respondent No. 1, i.e. Asian Paints Ltd., and Respondent No. 14, i.e. TVS Motors Co. Ltd. 4. Mr. Sharma points out that, in the Affidavits in Reply filed by Respondent Nos. 1 and 14, they have not contested this Interim Application, but have clearly stated that they would abide by the Orders of the Court. 5. Furthermore, learned counsel appearing on behalf of Respondent No. 9, i.e. Hero Motor Corp. Ltd., submits that his client shall also abide by the Orders of this Court. 6. Mr. Sharma submits that the Applicant has been constrained to file the present Interim Application since the Respondent-Companies were not acting upon the grant of Letters of Administration issued to the Applicant by this Court vide an Order dated 17 th January, 2024. 7. Mr. Sharma submits that, initially, this Court had, vide an Order dated 4 th March, 1998, granted probate of the Will of Mr. Alexander Slyvester D’souza Areeb 3/4 35-IA-1855-2025 (OS).DOC alias Alexander Patrick D’souza to the Executors named in the said Will. 8. Mr. Sharma submits that, pursuant to the grant of probate, it appears that the names of some or all of the Executors named in the Will of the Deceased have been incorporated on the Share Certificates in question. 9. Mr. Sharma points out that, since the Executors passed away and the captioned Testamentary Petition was no longer available, the Applicant, being a beneficiary under the Will, applied for the grant of Letters of Administration. He submits that, the Court having granted Letters of Administration to the Applicant, who is also a beneficiary under the Will, the Applicant approached the said Companies, which transferred the shares standing in the name of the Deceased to the name of the Applicant. It is at this stage that the Respondent- Companies refused to do so, in view of the fact that the names appearing on the Share Certificates were those of the Executor/s. 10. Having heard Mr. Sharma and having perused the record, in my view, the Applicant has sufficiently set out and explained the manner in which the names of the Executors have come to be incorporated on the Share Certificates. In any view of the matter, there is no dispute that the shares originally stood in the name of Mr. Alexander Slyvester D’souza alias Alexander Patrick D’souza. 11. Furthermore, there is no dispute that Letters of Administration in respect of the properties and credits of late Mr. Alexander Slyvester D’souza alias Alexander Patrick D’souza have been granted to the Applicant, who is the son of the Deceased and a beneficiary under the Will. 12. There is no dispute that these shares also form part of the Schedule Areeb 4/4 35-IA-1855-2025 (OS).DOC appended to the Will and to the Petition for Letters of Administration. 13. In my view, therefore, the Applicant has sufficiently made out a case for the grant of reliefs as prayed for. 14. The Interim Application is accordingly allowed and disposed of in terms of prayer clauses ‘a’ to ‘c’. [ARIF S. DOCTOR, J.] Areeb