Delhi District Court
Anil Mehta vs State Of Nct Of Delhi on 27 February, 2013
IN THE COURT OF SH. PARVEEN SINGH, ADMINISTRATIVE CIVIL
JUDGE (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 87/12.
Date of Institution : 09.07.2012.
Date of arguments : 27.02.2013.
Date of order : 27.02.2013.
In the matter of:
1. Anil Mehta
S/o Sh. Ved Prakash Mehta
R/o G5/78, LIG Flats, Sector15
Rohini, Delhi.
2. Shubham Mehta (Minor Son)
Through Legal guardian
Sh. Anil Mehta (father)
R/o G5/78, LIG Flats, Sector15
Rohini, Delhi. ....Petitioners
Versus
1. State of NCT of Delhi
2. Akanksha Mehta (daughter)
D/o Anil Mehta
SCC No. 87/12. 1
R/o G5/78, LIG Flats, Sector15
Rohini, Delhi.
3. Karvy Stock Broking Ltd.
Registered office:
Karvy House, 46, Avenue 4
Street No. 1, Banjara Hills
Hyderabad500034 ....Respondents
J U D G M E N T:
Vide this judgment, I shall dispose off the petition filed on behalf of the petitioners under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/ securities of Late Smt. Seema Mehta W/o Sh. Anil Mehta.
The relevant facts for the disposal of the present petition are that Late Smt. Seema Mehta, the wife of the petitioner expired on 20.07.2011. It is further stated that the deceased had left behind petitioners along with Ms Akanksha Mehta (daughter) as his class I legal heirs. It is further alleged that there is no impediment in the grant of succession certificate in favour of the petitioner in respect of the following shares:
IDBI Bank Ltd. EQ 100 shares
Infrastructure Development Finance Co. Ltd. EQ 122 shares
SCC No. 87/12. 2
Maruti Suzuki India Ltd. EQ 23 shares
State Bank of India EQ 25 shares
TATA Steel Ltd. EQ 28 shares
UCO Bank EQ 310 shares
Vijay Bank EQ 129 shares
2. General public had been served through publication in daily newspaper 'Rashtriya Sahara' dated 06.09.2012 but none had appeared from general public to oppose or contest the present petition.
3. Petitioner had examined himself as PW1 deposing on the lines of facts as alleged in the petition and in support of his oral testimony relied upon documents i.e. copy of voter I Card Ex. PW1/A, PAN card Ex. PW1/B, date of birth certificate EX. PW1/C, copy of I Card of deceased Ex. PW1/D, ration card Ex. PW1/E, driving license of the deceased Ex. PW1/F, death certificate Ex. PW1/G, letters issued by Karvy Stock Broking Ltd. Ex. PW1/H & I, copy of Surviving Member certificate Ex. PW1/J and copy of date of birth certificate of petitioner no. 2 Ex. PW1/K. Respondent Ms. Akanksha Mehta was also examined wherein she has given her no objections with regard to the present petition in favour of the petitioner.
Sh. Manoj, Field Manager, Karvy Stock Holding Pvt Ltd was also SCC No. 87/12. 3 examined who proved on record that as on date following shares are lying in the name of deceased Smt. Seema Mehta:
IDBI Bank Ltd. EQ 100 shares
Infrastructure Development Finance Co. Ltd. EQ 122 shares
Maruti Suzuki India Ltd. EQ 23 shares
State Bank of India EQ 25 shares
TATA Steel Ltd. EQ 28 shares
UCO Bank EQ 310 shares
Vijay Bank EQ 129 shares
4. I have given my thoughtful consideration to the submissions and have perused the record carefully.
5. Considering the above stated facts, this Court is of the opinion that prima facie there is no impediment in grant of Succession Certificate in favour of petitioner no. 1 Sh. Anil Mehta in respect of the following:
IDBI Bank Ltd. EQ 100 shares
Infrastructure Development Finance Co. Ltd. EQ 122 shares
Maruti Suzuki India Ltd. EQ 23 shares
State Bank of India EQ 25 shares
TATA Steel Ltd. EQ 28 shares
UCO Bank EQ 310 shares
SCC No. 87/12. 4
Vijay Bank EQ 129 shares
Accordingly, Succession Certificate is ordered to be issued in favour of petitioner no. 1 Sh. Anil Mehta in respect of the above, on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month. File be consigned to Record Room. Announced in the open court (PARVEEN SINGH) on 27.02.2013. ACJCUMARC NORTHWEST This judgment contains 5 pages ROHINI COURTS, DELHI & each page has been signed by me.
SCC No. 87/12. 5 SCC No. 87/12.
27.02.2013.
Present: Counsel for the petitioner.
Respondent no. 2 has been examined and discharged. Witness, Sh. Manoj, Field Manager from Karvy Stock Holding Pvt Ltd was also examined and discharged.
PE has been closed.
Final arguments have been heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioner is allowed and disposed off.
File be consigned to Record Room.
(PARVEEN SINGH) ACJcumARC (North West) Rohini Courts, Delhi/27.02.2013.
SCC No. 87/12. 6