Comunidade Of Nagoa Rep. By Its Attorney ... vs The Administrator Communidades Of ...

ik-8671794 Bombay High Court 17 December 2025 • WRIT PETITION NO.200 OF 2013 • 9 min read

Judges (1)

Counsel (2)

Parties (2)

Case Significance

Comunidade Of Nagoa Rep. By Its Attorney ... vs The Administrator Communidade... is a Bombay High Court decision dated December 17, 2025 (citation: ik-8671794). Writ petition by a Goan Comunidade challenging the Administrator's refusal to declare forfeiture of shares of Joneiros (shareholders) who had not claimed dividends for 30 consecutive years under Article 438 of the Code of Communidades. The court found too much confusion and ambiguity on whether dividends were actually declared, and held the Comunidade cannot claim undue benefit from ambiguous provisions to forfeit members' shares with drastic civil consequences. The petition was dismissed, up The case was heard by Justice M.S. Sonak. Counsel appearing: Joaquim Godinho (counsel for petitioner), Sulekha Kamat (counsel for respondent).

Summary

Writ petition by a Goan Comunidade challenging the Administrator's refusal to declare forfeiture of shares of Joneiros (shareholders) who had not claimed dividends for 30 consecutive years under Article 438 of the Code of Communidades. The court found too much confusion and ambiguity on whether dividends were actually declared, and held the Comunidade cannot claim undue benefit from ambiguous provisions to forfeit members' shares with drastic civil consequences. The petition was dismissed, upholding the Administrator's and Administrative Tribunal's fair approach.

What was the outcome of Comunidade Of Nagoa Rep. By Its Attorney ... vs The Administrator Communidade...?

Writ petition by a Goan Comunidade challenging the Administrator's refusal to declare forfeiture of shares of Joneiros (shareholders) who had not claimed dividends for 30 consecutive years under Artic...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-8671794)