Delhi High Court - Orders
Ayra Roy vs Union Of India on 10 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~2 (SB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6178/2021 & CM APPL. 58842/2023
AYRA ROY ..... Petitioner
Through: Mr. Sanjeev Agarwal & Mr. Ekansh
Agarwal, Advocates(M: 9717911621)
versus
UNION OF INDIA ..... Respondent
Through: Ms Ruchi Sindhwani Sr
Standing Counsel for OL with Ms.
Megha Bharara, Adovcate (M:
9811533510)
Ms Abiha Zaidi, Ms Suriti
Chowdhary and Mr Naman K, Advs.
for EXL Services. (M: 9713413083)
Ms. Komal Mundhra & Mr. Saurabh
Agrawal, Advs. for Bankit Services
Pvt. Ltd. (M: 9674323070)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 10.11.2023
1. This hearing has been done through hybrid mode.
CM APPL.58842/20232. The present writ petition has been filed by the minor child through her maternal aunt (Mausi) seeking a direction for securing of the entire assets left behind by her deceased parents. The present petition has been heard at length by this Court on 11th April, 2023, 24th July, 2023 and 4th September, 2023 and several directions have been issued. Vide order dated 11th April, 2023, this Court while considering the present petition had given the following directions:
W.P.(C) 6178/2021 Page 1 of 10This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:44 "6. Since none appears for Respondent No.4, there is a clear need to secure the assets of the deceased parents for the welfare of the minor child. Accordingly, the District Magistrate, Mandir Marg, Mahavir Enclave shall conduct a detailed enquiry in this matter and file a proper report about the status of the family of Late Shri Ashish Roy and Smt. Disha Roy. The DM shall also ascertain the employers of the said deceased parents and also trace out the assets of the said parents and place the same on record by means of a status report. The DM is also free to contact Ms Aadya Aggarwal, who is acting as next friend/guardian of the minor as also Bua - Ms. Sumita Devnath, who is stated to be in control of certain assets of the deceased parents.
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11. The above two employers of the parents of the Petitioners shall also disclose as to the death benefits and other benefits, which the minor's parents were entitled to as per their HR policy. The said details shall be placed on record as a status report by the competent officials of the said two employers. The said status report shall also give details of the current status of the death benefits as due to the parents of the Petitioner."
3. Vide order dated 4th September, 2023, this Court passed several directions concerning the assets passed of the Petitioner. The relevant extracts of the said order are set out below:
"3. Today, Ms. Abiha Zaidi, ld. Counsel for M/s. EXL Services Pvt. Ltd., the employer of the deceased mother of the Petitioner, has appeared before the Court. Ld. counsel seeks to file her affidavit giving details of all the outstanding entitlements of the deceased mother of the Petitioner. Let the same be filed within four weeks.
4. Insofar as M/s. Bankit Services Pvt. Ltd., the W.P.(C) 6178/2021 Page 2 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:44 employer of the deceased father of the Petitioner, is concerned, the entire amount shall be deposited in the following bank account, which is a no- withdrawal account:
A/C No.110042845028 Name - Arya Roy under guardianship of Aadya Agarwal Bank - Canara Bank, Vasundhara Branch.
5. On behalf of the SDM, Dwarka, ld. Counsel submits that the SDM has ascertained the details of the movable and immovable assets of the deceased parents of the Petitioner. Let the report placed today before the Court, be brought on record by ld. Counsel.
6. Insofar as the CWC is concerned, the report is already on record. The CWC report shows that the following are the various assets.
(i)Immovable property bearing No.G-51, Bengali Colony, Mandir Marg, Mahavir Enclave, Palam, New Delhi
(ii)13 items of jewellery belonging to the mother of the Petitioner.
(iii)One Hyundai I10 car bearing
No.DL4CAQ5198 alongwith registration
papers.
(iv)Original papers of the Tata AIG term life insurance Policy No.C22188296 of the deceased father of the Petitioner.
(v)Original LIC policy no.208401194 in the name of father of the Petitioner.
(vi)Movable assets i.e. Air Purifier, Cycle, Oxygen Cylinder, Vacuum Cleaner, Apple Air Pods, HP Laptop, PS4, Projector In addition to the above, the SDM report also discloses the following:
(vi) One Renault Duster car bearing No. UP14DV1949 without registration papers.W.P.(C) 6178/2021 Page 3 of 10
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:44
7. Insofar as the immovable properties are concerned, the original documents may be handed over by the Bua - Respondent No.4 to the Chairperson, CWC and the CWC is directed to obtain a bank account locker in Canara Bank, Eiffel Tower Branch, Sector-9, Vasundhara, Ghaziabad and all the original papers be deposited therein.
8. Insofar as the LIC policy and other policies are concerned, CWC may contact the concerned companies and obtain the policy amount and thereafter deposit the same in the bank account mentioned above.
9. Insofar all other movable assets like air purifier etc. are concerned, the same shall be handed over to Mausi for the use of the child.
10. Insofar as the jewellery is concerned, the same may also be deposited in the said locker with a proper list. 11. Insofar as the two cars are concerned, the office of OL attached to this Court shall sell the two cars and deposit the amount in the account mentioned above. In addition, the immovable property shall also be sold by way of auction by the OL office.
12. The copies of the title deeds etc. which are to be deposited in the locker shall also be given to Ms. Ruchi Sindhwani, ld. Counsel for the OL so as to enable the OL to auction the Immovable property bearing No. G-51, Bengali Colony, Mandir Marg, Mahavir Enclave, Palam, New Delhi. A copy of the title deed of the said property shall be handed over to Ms. Sindhwani by CWC.
The auction of immovable property and two cars shall be carried out within four weeks. The value of the immovable property, as per the SDM, is Rs.34,66,564/-. The office of the OL shall try and obtain the highest possible price. If there is any likelihood that the property is fetching W.P.(C) 6178/2021 Page 4 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:45 Rs.34,66,564/- then the auction shall not be proceeded with and the OL shall approach this Court for further directions."
4. Further to the previous order, this Court has been informed that Ms. Adya Aggarwal, the mausi of the Petitioner- Ayra Roy has been appointed the guardian of the minor child under Section 7 of the Guardians and Wards Act, 1890 by the Judge-II, Saket Family Court, vide order dated 7th November, 2023. The said order reads as under:
"1. The petitioner has filed the present petition under section 7 of the Guardians and Wards Act, 1890 seeking appointment of the petitioner as the Guardian of girl child Ms. Ayra Roy and granting permanent custody of the child to the petitioner.
2. Briefly stated the petitioner is the real maternal aunt (Mausi) of the minor child namely Ms. Ayra Roy who is aged about 4 years (DOB: 06.10.2017). She is the only child of Late Ms. Disha Roy and Late Sh. Ashish Roy.
Both the parents of the child expired due to Covid-19 on 03.06.2021 and 25.05.2021 respectively. The maternal grand father and maternal grand mother also expired due to Covid-19 on 04.05.2021 and 09.06.2021 respectively. The grand parents of the child are already pre- deceased. The only surviving relatives of the child are the petitioners (Mausi) and the respondent no. 1 (Bua). Hence, by way of present petition. petitioners has prayed that she be appointed as the Guardian of the child and custody of the child also been handed over to her.
3. Written statement to the petition was filed by the respondent, whereafter, issues were framed. During the pendency of the petition, vide order dated 26.10.2021 the custody of the child was granted to the petitioner by CWC. Since then, the child is in the custody of the petitioner.
W.P.(C) 6178/2021 Page 5 of 10This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:45 4 Further, before the evidence could be started, both the respondents (Bua and her husband) have stated that they have no objection, if the permanent custody of the child is granted to the petitioner. However, they be granted visitation rights to meet the child.
5. Separate statements of both the respondents have been recorded in the court Petitioner has also placed on record an order dated 04.09.2023 passed by the Hon'ble High Court of Delhi wherein directions have been passed by the Hon'ble High Court of Delhi with regard to management of assets of the deceased parents of the child.
6. The child has also appeared twice before the court and she is happy to be in the company of her Mausi / petitioner and wants to stay with them only.
7. Under section 7 of the Guardians and Wards Act, 1890, this court has the power to appoint Guardian of a minor child. Considering the totality of facts and circumstances, the unfortunate death of the parents of the minor child due to Covid-19, the petitioner and the respondent no.1 being the only surviving relatives of the child, the respondent no.1 having given her consent to give the custody of the child to the petitioner and considering the wishes of the child, this court hereby appoints the petitioner Ms. Aadya Agarwal to be the Guardian of the child namely Ms. Ayra Roy. The child is already living with the petitioner. The permanent custody of the child is also granted to the petitioner Ms. Aadya Agarwal. However, the respondents are granted visitation rights. They can visit the child as per convenience and keeping in mind the time schedule of the child vis a vis her school and other extra curricular activities.
8. Petition accordingly stands disposed off.
9. File be consigned to record room."
W.P.(C) 6178/2021 Page 6 of 10This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:45
5. In addition, in furtherance to the directions issued by this Court, the copies of the documents related to the property bearing No.G-51, Bengali Colony, Mandir Marg, Mahavir Enclave, Palam, New Delhi (hereinafter 'subject property') were handed over to the OL by the bua of the Petitioner. The OL has got the same valued through Sachin Goel, a registered valuer for Land and Buildings. The value of the subject property as per the valuation report prepared by the valuer is as under:
Fair Market Value INR 88,70,434/-
Realisable Value INR 78,32,412/-
Distress Sale Value INR 67,94,390/-
Liquidation Value INR 56,56,996/-
6. Insofar as the vehicles are concerned, it is submitted by Mr. Ruchi Sindwani, ld. Counsel for the OL that the OL be permitted to sell these through handbills. The value of the said cars and other immovable assets is set out below:
7. Ld. Counsel appearing for the Petitioner through the guardian submits that the bank lockers may be now to be opened by the mausi of the W.P.(C) 6178/2021 Page 7 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:45 Petitioner herself, who has now been appointed as the guardian of the Petitioner, without the intervention of Child Welfare Committee. Accordingly, it is directed that the locker be opened in Canara Bank, Eiffel Tower Branch, Sector-9, Vasundhara, Ghaziabad.
8. Original documents shall be handed over by the bua of the Petitioner to the guardian- Ms. Adya Aggarwal. It is also clarified that the jewellery which has been inherited by the Petitioner shall also be handed over by the bua of the Petitioner to the guardian- Ms. Adya Aggarwal. If there are any other movable assets lying with bua of the Petitioner, as contained in paragraph 6 of the order dated 4th September, 2023 - the said movable assets shall also be handed over to the guardian of the Petitioner, on 11th December, 2023, the next date of hearing. All the documents and other movable assets, which are lying with bua of the Petitioner, shall be handed over in the premises of the Delhi High Court. If there are any bulky items, the same shall be handed over, in the Chamber of Ms. Ruchi Sindhwani, ld. Counsel for the OL in Chamber No. 318, Old Chamber Block, Delhi High Court.
9. Insofar as the OL is concerned, the OL is directed to proceed with the auction of the subject property by fixing the realisable value as the Reserve Price. At this stage, it is submitted by the OL that there are several movable assets as also other fixed accessories in the subject property. Accordingly, the reserve price for the property along with movable assets including equipment and furniture, which may be lying in the subject property, is fixed at Rs.80 lakhs.
10. Let the e-auction notice be published in the newspapers Times of India, English edition, and Dainik Jagran, Hindi edition. The auction shall be W.P.(C) 6178/2021 Page 8 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:45 conducted by M/s. Railtel Corporation Limited. The expenses of the said e- auction and notice shall be borne by the OL from the common pool fund of the OL and upon receiving the consideration from the auction, the amount spent on conducting the auction as also publication of the auction notice shall be deducted from the consideration received from the auction. Ld. Counsel appearing for the Petitioner and the guardian of the Petitioner have also consented to the same.
11. Insofar as two vehicles are concerned, if the guardian wishes to dispose them of on her own, at a price that is higher than what is mentioned in the liquidation value, the guardian is permitted to do so. In addition, it is also clarified that the guardian is now permitted to approach the EPFO and LIC to collect the PF dues as also any other dues of the mother and father of the Petitioner in the No Withdrawal Account.
12. At this stage, Ms. Abiha Zaidi, ld. counsel appearing for M/s EXL Services Pvt. Ltd. submits that a sum of approximately Rs.46 lakhs in terms of the dues of the mother of the Petitioner has been credited into the No Withdrawal Account. The Court has perused the affidavit filed on behalf of M/s. EXL Services Pvt. Ltd. As per the said affidavit, a sum of Rs.36,90,740/- has been credited to the No Withdrawl Account of the Petitioner. Ld. Counsel for EXL Services Pvt. Ltd. submits that in addition, a sum of Rs.10 lakhs, which was to be made as ex gratia payment by HDFC, Bank has also been done.
13. Ld. Counsel for the M/s. Bankit Services Pvt. Ltd. shall also give the details of the PF account, LIC account, or any other account from where any benefits have to be collected by the guardian of the Petitioner. If any pension account is to be opened in the name of the Petitioner, let the same be done so W.P.(C) 6178/2021 Page 9 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:45 that the monthly pension from EPFO can also be collected by the guardian.
14. In addition, in order to give effect to this order, it is directed that the copy of this order be communicated to by the Registry to Mr. Siddharth, ld. Counsel for the EPFO and Mr. Kamal Mehta, ld. Counsel for the LIC.
15. Accordingly, the application moved by the OL is disposed of.
PRATHIBA M. SINGH, J.
NOVEMBER 10, 2023 dk/am W.P.(C) 6178/2021 Page 10 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2023 at 21:19:45