2010 (7) TMI 273 - HC - Companies Law

Beneficial owner - whether deity is an artificial person and, therefore, there is no prohibition in law if Demat account is operated in the name of a deity? Held that - The trustees can always apply in their individual capacity as trustees for opening of such an account however not in the name of deities. We agree with the submissions of learned senior counsel Mr. Dwarkadas that such type of Demat account cannot be allowed to be operated in the name of deity which not only requires signature while opening of the account but it also requires day-to-day monitoring of transactions in connection with trading in shares. We do not find any arbitrariness in the action of respondent No. 2 for not permitting the petitioner to open such an account. The trustees can always open an account in their individual name without bringing the Gods and Goddesses into picture. The instant Petition, in our view, is thoroughly misconceived and is accordingly, dismissed. Rule discharged.

Issues:
1. Whether a Demat account can be opened in the name of deities under a Private Trust?
2. Whether a deity can hold a Demat account for share transactions?
3. Can a Demat account be operated by an artificial person like a deity?
4. Whether the SEBI guidelines restrict the opening of a Demat account in the name of deities?
5. Is a private trust legally permitted to open a Demat account for deities?

Issue 1:
The petitioner, a Private Trust, sought to open a Demat account for deities, claiming they have equal shares in the trust's corpus. The petitioner aimed to open the account with a bank controlled by the National Securities Depository Limited. However, the respondent No. 2, the controlling authority, denied permission, leading to the petition.

Issue 2:
The petitioner argued that deities, being artificial persons under Hindu Law, should be allowed to operate a Demat account as they are recognized as juridical persons under the Income-tax Act. The respondent No. 2 contended that a deity cannot hold a Demat account meant for share transactions, emphasizing the need for regular monitoring and the challenges in taking legal action against a deity in case of irregularities.

Issue 3:
The court held that while individual income for a deity can be recognized under the Income-tax Act, this does not extend to opening a Demat account for deities in share transactions. The court highlighted the technical nature of Demat accounts and the requirement for personal skill and supervision, concluding that such accounts cannot be operated by artificial persons like deities.

Issue 4:
The court considered the SEBI circular, which prohibits the opening of a Demat account in the name of deities for share trading business. It upheld the respondent No. 2's decision, stating that the trustees could apply for an account in their individual capacity but not in the name of deities, as it involves day-to-day monitoring and transactions requiring individual signatures.

Issue 5:
The court dismissed the petition, deeming it misconceived, as a private trust cannot indirectly open a Demat account for deities due to the technical and commercial nature of such accounts. The court emphasized that trustees could open accounts in their individual names without involving deities in share trading activities. Additionally, the court did not delve into the argument regarding the maintainability of the petition against the respondent No. 2 under Article 12 of the Constitution of India.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the court's reasoning in dismissing the petition related to opening a Demat account in the name of deities under a Private Trust.

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