Brendan J DsouzaversusAsian Paints Limited

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         Digitally
         signed by
         MOHAMMAD
MOHAMMAD AREEB
AREEB    MOHD
         AKBAR
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHD
AKBAR    Date:
         2026.09.23
         15:17:09
                                   TESTAMENTARY AND INTESTATE JURISDICTION
         +0530




                                     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            :       22nd 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;




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            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 17th 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



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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


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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.]




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