Delhi District Court
Sh. Sanjay Jain vs State on 3 March, 2023
____________________________________________________________________
IN THE COURT OF MS. NIHARIKA KUMAR SHARMA
ACJ-CUM-CCJ-CUM-ARC (NORTH), ROHINI COURT, DELHI
____________________________________________________________________
SCC No.17/22
In the matter of :
Sh. Sanjay Jain
S/o Late Sri Prakash Chandra Jain alias P C Jain
A-93, Ayodhya Enclave, Sector - 13
Rohini, Sector - 7, New Delhi - 110085. ....Petitioner
Versus
1. State, Delhi
Through D. C. Concern
2. Sh. Vijay Kumar Jain
S/o Late Sri Prakash Chandra Jain alias P. C. Jain
V 12/15, DLF Phase - 3,
Near Police Chauki, Nathupur,
Gurgaon, Haryana - 122022.
3. Anju Jain,
D/o Late Sri Prakash Chandra Jain alias P. C. Jain,
House No. A-8/15A, Flat No. 303,
Rana Pratap Bagh,
Nanak Gurudwara, Malka Ganj,
North Delhi, Delhi - 110007
4. The Vazir Sultan Tobacco Company Limited,
(VST Industries Limited),
Azamabad, Hyderabad,
Telangana, 500020
Email - [email protected]
[email protected]
5. Reliance Industries Limited,
3rd Floor, Maker Chambers IV,
222, Nariman Point, Mumbai 400021
Email - [email protected]
SCC No. 17/22 Sanjay Jain Vs. State & Ors. Date of Judgment - 03.03.2023 Page No. 1/7
6. Larsen & Toubro Limited,
L&T House, Ballard Estate,
Narottam Morarjee Marg, Mumbai,
Maharashtra, 400001,
Email - [email protected]
7. Grasim Industries Ltd.
Birlagram, Nagda,
Madhya Pradesh, 456331,
Email: [email protected]
8. Aditya Birla Fashion & Retail Limited,
Piramal Agastya Corporate Park,
Building 'A', 4th and 5th Floor,
Unit No. 401, 403, 501, 502, L. B. S. Road,
Kurla, Mumbai, Maharashtra, 400059
Email- [email protected]
9. Ultratech Cement Limited,
B Wing, Ahura Centre, 2nd Floor,
Mahakali Caves Road, Andheri East,
Mumbai, Maharashtra, 400093
Email - [email protected]
.........Respondents
Date of Institution : 28.01.2022
Date reserve for order : 09.01.2023
Date of pronouncement of judgment : 03.03.2023
JUDGMENT
1. The present petition has been filed u/s 372 of Indian Succession Act, 1925 for grant of succession certificate in respect of the "debts & securities', shares etc. of Late Sh. Prakash Chandra Jain @ P C Jain and Smt. Pushpa Lata Jain as well as other consequences relief as per law in the name of the deceased (hereinafter referred to as "deceased").
SCC No. 17/22 Sanjay Jain Vs. State & Ors. Date of Judgment - 03.03.2023 Page No. 2/72. In the petition, it is stated that the petitioner, respondent no. 2 and 3 are the legal heirs of the deceased. Death certificates of Sh. Prakash Chandra Jain @ P C Jain and Smt. Pushpa Lata Jain are exhibited as Ex. PW1/B (OSR) and Ex. PW1/D (OSR).
3. General public was informed by way of publication in a newspaper namely "Veer Arjun" dated 12.05.2022. However, despite publication, no one from general public has come forward to file objections for the issuance of succession certificate in favour of the petitioner.
4. Notice was issued to SDM, Alipur, Delhi to file the verification report as to the LRs of the deceased. Statement of Sh. Vikrant, CDV, SDM Office, Alipur, Delhi is recorded separately. He has filed LRs reports of Late Sh. Prakash Chandra Jain @ P. C. Jain and Smt. Pushpa Lata Jain which are exhibited as Ex RW1/1. As per LR reports, the deceased had left behind three legal heirs namely Smt. Anju Jain (daughter), Sh. Vijay Kumar Jain (son) and Sh. Sanjay Jain (son). They all are class - I legal heirs of the deceased.
5. Statement of Sh. Aditya Jain, S/o Sh. Sanjay Jain, Special Power Attorney holder of petitioner i.e. Sanjay Jain, S/o Late Sh. Prakash Chandra Jain. He relied upon the following documents -
S. No. Description of documents Exhibit Nos.
1. Evidence by way of affidavit. Ex. PW1/1
2. Copy of aadhar card of Sh. Sanjay Jain. Ex. PW1/A (OSR) SCC No. 17/22 Sanjay Jain Vs. State & Ors. Date of Judgment - 03.03.2023 Page No. 3/7 Copy of death certificate of Sh. Prakash Chandra
3. Ex. PW1/B (OSR) Jain @ P. C. Jain Copy of voter ID card of Late Sh. Prakash Chandra
4. Ex. PW1/C (OSR) Jain @ P. C. Jain Copy of death certificate of Late Smt. Pushpa Lata
5. Ex. PW1/D (OSR) Jain
6. Copy of voter ID card of Late Smt. Pushpa Lata Jain Ex. PW1/E (OSR) Ex. PW1/F (running
7. Digital copy of surviving member certificate into two pages) Ex. PW1/G Copies of share certificate and company / RTA
8. (running into 19 communication letters pages, colly) Special Power of Attorney dated 10.11.2022 is Ex. PW1/2.
6. Respondent no. 2 and 3 have given their no objection if the succession certificate for the assets, debts and securities as alleged in the present case be issued in the name of the petitioner. Their no objection affidavits are exhibited as Ex. RW2/1 and Ex. RW3/1 respectively and photocopies of their aadhar card are exhibited as Ex. RW2/2 and Ex. RW3/2 respectively.
7. Statement of Sh. Animesh Tyagi, AR of Kfin Technologies Ltd. RTA of Reliance Industries Ltd., L&T Ltd. and Ultratech Ltd, 305, New Delhi House, 27, Barakhamba Road, New Delhi - 110001 is recorded as RW5. He has filed the record related to the shares of above said companies. The details of Reliance Industries Ltd. shares are given below:-
Folio No. Distinctive No. Certificate No. Quantity 055070059 210093498-3547 11618477 50 210093548-3557 11618478 10 1253339994-0153 53552308 50 SCC No. 17/22 Sanjay Jain Vs. State & Ors. Date of Judgment - 03.03.2023 Page No. 4/7 1253340044-0053 53552309 10 1625762167-2229 58476611 63 2224840429-0611 62675957 183 3838595765-6010 58694207 246 6902719713-9832 66931767 120 Total 732 060114820 257676997-7014 12796519 18 1163132951-2968 50807989 18 1625762257-2319 58476614 63 2224840618-0716 62675960 99 3838816335-6496 58699153 162 6902720885-0920 66931800 36 Total 396 Details of L&T shares held in the name of Late Prakash Chandra Jain are given below:-
Folio No. Certificate No. No. of shares 10902533 103069 15 254264 15 370999 30 462850 30 1323508 45 Total 135 Folio No. Certificate No. No. of shares 04812786 34937 35 209847 35 335251 70 436447 70 1323453 105 Total 315
Details of L&T shares held in the name of Late Smt. Pushpa Lata Jain are given below:-SCC No. 17/22 Sanjay Jain Vs. State & Ors. Date of Judgment - 03.03.2023 Page No. 5/7
Folio No. Certificate No. No. of shares 10891493 102940 25 254178 25 370921 50 462801 50 1323507 75 Total 225 Details of L&T shares held in the name of Late Smt. Pushpa Lata Jain are given below:-
Folio No. Certificate No. No. of shares 81602531 259895 34
8. Statement of Sh. Puneet Dahiya, S/o Sh. Jasbir Singh, Senior Executive Legal, Sixth Floor, Vipul Square Block- B, Sushant Lok, Phase - I, Gurugram, Haryana - 122002 is recorded as RW8. He has filed the record related to shares and as per record, there are 1050 shares of Aditya Birla Fashion & Retail Limited held in the name of deceased Sh. P. C Jain @ Prakash Chandra Jain. The details of the shares are given below-
Folio No. Certificate No. Distinctive no. No of shares 0032670 34643 109392188 to 1050 109393237
9. As per the copy of email filed, there are total 603 (300 + 303) number of shares of Grasim Industries Limited held in the name of Sh. P. C Jain @ Prakash Chandra Jain. The details of the shares are given below:-
Folio Number Certificate No. No of shares 679240 2054907 300 GRA0290425 3290425 303 Total 603 SCC No. 17/22 Sanjay Jain Vs. State & Ors. Date of Judgment - 03.03.2023 Page No. 6/7
10. As per the photocopy of share certificate, there are total 109 number of shares of "The Vazir Sultan Tobacco Company Limited (VST Industries Limited)", Azamabad, Hyderabad, Telangana - 500020, bearing Folio No. P000209 held in the name of Late Sh. Prakash Chandra Jain @ P. C. Jain.
11. Petitioner is entitled for the amount of total 3599 number of shares lying with the Vazir Sultan Tobacco Company Limited, Reliance Industries Ltd., Larsen & Toubro Ltd., Grasim Industries Ltd., Aditya Birla Fashion & Retails Ltd., Ultratech Cement Ltd. as well as other consequences relief as per law alongwith interest, if any in the name of the Late Sh. Prakash Chandra Jain @ P. C. Jain and Smt. Pushpa Lata Jain.
12. The value of each shares for the purpose of Court fee be calculated as per present value of the abovesaid shares / debentures in Stock Exchange(s) on the day of this order in the name of deceased. Petitioner is directed to file Court fee at the rate of 2.5% for the whole amount in terms of Article 12 Schedule 1 of the Court Fees Act, 1870 as applicable to Delhi and an indemnity bond with one surety of the like amount.
File be consigned to Record-Room after due compliance.
Announced in the open court on 03.03.2023 (NIHARIKA KUMAR SHARMA ) ACJ-CUM-CCJ-CUM-ARC (NORTH) ROHINI COURT, DELHI SCC No. 17/22 Sanjay Jain Vs. State & Ors. Date of Judgment - 03.03.2023 Page No. 7/7