Delhi High Court - Orders
Ritika Sachdeva vs Kapil Tandon & Ors on 1 February, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 53/2023
RITIKA SACHDEVA ..... Plaintiff
Through: Mr. Rajshekhar Rao, Sr. Advocate
with Mr. Ramchandra Mada and Mr.
Harshil Wason, Advocates
versus
KAPIL TANDON & ORS. ..... Defendants
Through: Mr. Anil Sapra, Sr. Advocate with
Mr. Vikas Tiwari, Mr. Kumar
Deepraj, Mr. Sarthak Katyal, Mr.
Faisal M. Khan and Mr. Vidit
Agarwal, Advocates for D-1 and 2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 01.02.2023 I.A. 1487/2023 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.
CS(OS) 53/2023
1. The instant suit has been filed on behalf of plaintiffs seeking the following reliefs:-
"A. Declare the registered Will dated 07.06.2013 registered with Sub-Registrar- III, Delhi vide registration no. 218 in Book No. 3, Vol. No. 1545 at pages 133 to 139 purported to have been executed by late Shri Purshottam Lal Tandon as illegal, void and non-est and, and pass an order directing that the said Will be delivered up and cancelled; and Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:02.02.2023 16:55:10 B. Declare the purported will dated 09.01.2004 of Shri Sardari Lal Tandon as illegal, void and non-est and, and pass an order directing that the said Will be delivered up and cancelled.
C. Declare the purported Sale of property Bearing No. 2874, Hardhian Singh Road, Karol Bagh, New Delhi, if it has already taken place, as illegal, void and non-est and, and pass an order directing that the said transaction to be cancelled or in the alternative direct the Defendant No. 1 and 2 to pay the Plaintiff 1/3rd of the share of the current market value of the said property.
D. Pass a preliminary decree of partition and thereafter partition the properties specifically mentioned in Para 19, Para 54 and 56 by metes and bounds and deliver possession of the share of the Plaintiff thereof to the Plaintiff, and if the same is incapable of being partitioned in the said manner, then direct that the suit property be sold/auctioned and the requisite share of the proceeds thereof due to the Plaintiff be given to the Plaintiff.
E. Direct Defendant Nos. 1 and 2 to render true and correct accounts in respect of assets including the business of the partnership firm - M/s. Ushnakmal Moolchand from 23.01.2022 onwards; and rents received in respect of properties situated at G - 11, South Extension - 1, New Delhi & C - 26A, DLF City, Gurugram from 23.01.2022 onwards; and render true and correct accounts of various bank accounts, mutual funds, fixed deposits, rental income etc. which were part of the estate of the HUF and of Late Shri Purshottam Lal Tandon and also of amounts received towards sale consideration for property situated at 2874, Hardhian Singh Road, Karol Bagh, New Delhi..."
2. Learned senior counsel appearing on behalf of plaintiff submitted that the Plaintiff‟s ancestral family led by Late Lala Ushnak Mal started the Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:02.02.2023 16:55:10 Hindu Undivided Family (hereinafter "HUF") Business of the family in Lahore in 1880. At the time of independence of India, the great-grandsons of Late Lala Ushnak Mal - Sardari Lal Tandon, Rikhi Ram Tandon, Ram Saran and Madan Lal Tandon moved to India and set up their business in Chandni Chowk, Delhi. It is submitted that the Plaintiff‟s grandfather - Late Shri Sardari Lal Tandon - formed a fresh Hindu Undivided Family Business by the name of M/s Sardari Lal Tandon ("HUF") which comprised of Late Shri Sardari Lal Tandon along with his wife, their children. It is further submitted that The Plaintiff upon her birth on 6th September, 1970, became a coparcener in this HUF in accordance with Section 6 of the Hindu Succession Act, 2005 and was thus entitled to the properties and incomes of the HUF. It is also submitted that the mother of the Plaintiff passed away intestate on 1st August, 1993 due to cancer.
3. Learned senior counsel appearing on behalf of plaintiff submitted that the Will dated 9th January, 2004 purportedly executed by the Plaintiff‟s grandfather, Late Shri Sardari Lal Tandon, whereby the Plaintiff‟s grandfather allegedly bequeathed the HUF Business and the properties and assets purchased from the funds of the HUF, in favour of the Plaintiff‟s late Father and Defendants No. 1 and 2. It is submitted that Late Shri Sardari Lal Tandon passed away on 19th February, 2009. Considering that Late Shri Sardari Lal Tandon was the karta of the HUF, all his legal heirs, except such heirs who relinquished their share in the HUF, continued as coparceners of the HUF. It is further submitted that the Plaintiff‟s father, Late Shri Purshottam Lal Tandon, purportedly executed Registered Will dated 7th June, 2013 making Defendants No. 1 and 2 sole legal heirs to the properties and assets of the Hindu Undivided Family Business. Thereafter, the Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:02.02.2023 16:55:10 Plaintiff‟s father, Late Shri Purshottam Lal Tandon, passed away intestate on 23rd January, 2022.
4. Learned senior counsel appearing on behalf plaintiff submitted that subsequent to the passing away of the Plaintiff‟s father, Defendants No. 1 and 2 sold the HUF property Bearing No. 2874, Hardhian Singh Road, Karol Bagh, New Delhi, to Defendant No. 9 vide sale deed dated 14th March, 2022. In view of the aforesaid along with the mala fide intention of Defendants No. 1 and 2 to dissipate the assets of the HUF without the Plaintiff‟s consent and in utter disregard of the Plaintiff‟s rights over the HUF Properties, the Plaintiff served legal notice dated 10th June, 2022 upon the Defendants calling upon them to not dissipate the assets of the HUF and to partition the HUF amongst all the coparceners. However, till date, Defendants No. 1 and 2 are illegally alienating the assets of the HUF and seeking to misappropriate the assets of the HUF to the detriment of the Plaintiff‟s rights as a coparcener.
5. Let the plaint be registered as a suit.
6. Issue summons in the suit.
7. The written statement(s) shall be filed within thirty days from the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiff.
8. Liberty is given to the plaintiff to file replication(s), if any, within thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiff, affidavit of admission/denial of the documents of the defendants be filed by the plaintiff.
9. List before the Joint Registrar on 22nd February, 2023 for completion of service and pleadings.
Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:02.02.2023 16:55:1010. List before the Court on 17th July, 2023.
I.A. 1488/2023 (u/O-XXXIX R-1 & 2 of CPC)
1. The instant application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 has been filed on behalf of the plaintiff seeking the following reliefs:-
"A. Grant an ex-parte ad interim injunction restraining the Defendants from alienating or creating any third-party rights in the following properties during the pendency of this suit:
a. Property bearing no. G - 3, South Extension - 1, New Delhi. b. Property bearing no. R - 669, New Rajinder Nagar, New Delhi - 110 060 admeasuring 200 sq. yds. c. Property bearing no. G - 11, South Extension - 1, New Delhi.
d. Property bearing no. C - 26A, DLF City, Gurugram e. Jewelery of Late Smt. Usha Rani as specified in Para 16 of the Plaint.
f. Property bearing no. 2874, Hardhian Singh Road, Karol Bagh, New Delhi B. Grant an ex-parte ad interim injunction restraining the Defendants from utlising or dissipating any funds from the following accounts:
a. SB a/c No. 00122010009980 in Oriental Bank of Commerce Karol Bagh b. A Joint A/c with Defendant No. 2 in Allahabad Bank Karol Bagh.
c. Various Fixed Deposits in Oriental Bank of Commerce jointly with the parties herein.
d. Joint A/c 18288-OBC Karol Bagh with the Defendants No. 1 and 2 e. Joint Rent A/c No. 31895-OBC with the Defendants Oriental Bank of Commerce.
f. SB-Standard Chartered Bank A/c No. 52910215304 with the Defendants.
g. Deutsche Bank savings account at K.G. Marg New Delhi.Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:02.02.2023 16:55:10
h. Investments and mutual funds depicted in his books of accounts.
C. Pass orders directing the Defendants to deposit the following in the registry of this Hon'ble Court pending the adjudication of this suit:
a. Share of the sale proceeds of the property situated at 2874, Hardhian Singh Road, Karol Bagh, New Delhi; and b. Share of the net receipts from the business of M/s. Ushnakmal Moolchand with effect from 23.01.2022; and c. Share of the rent received from property bearing no. G - 11, South Extension - 1, New Delhi with effect from 23.01.2022; and d. Share of the rent received from property bearing no. C - 26A, DLF City, Gurugram;
D. Pass orders directing the Defendants to render true and correct accounts before this Hon'ble Court in respect of the income and receipts received from the HUF's assets and from the estate of the Plaintiff's Mother, including the business of the partnership firm - M/s. Ushnakmal Moolchand from 23.01.2022 onwards.
E. Render true accounts as to the rents received in respect of properties situated at G - 11, South Extension - 1, New Delhi & C - 26A, DLF City, Gurugram from 23.01.2022 onwards;
F. Render true and correct accounts of various bank accounts, mutual funds, fixed deposits, rental income etc. which were part of the estate of the HUF and of Late Shri Purshottam Lal Tandon and as listed in Paras 54 and 56 of the suit.
G. Grant an ex-parte ad interim injunction directing the Defendants to maintain and submit before this Hon'ble Court records of all income and receipts received from the HUF's assets and from the estate of the Plaintiff's Mother, including the business of the partnership firm - M/s. Ushnakmal Moolchand from 23.01.2022 onwards; and rents received in Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:02.02.2023 16:55:10 respect of properties situated at G - 11, South Extension - 1, New Delhi & C - 26A, DLF City, Gurugram from 23.01.2022 onwards and retain the same in a separate Escrow Account, details of which be deposited with the Court;;
H. Grant an ex-parte ad interim direction to the Defendants to render true and correct accounts of various bank accounts, mutual funds, fixed deposits, rental income etc. which were part of the estate of the HUF and of Late Shri Purshottam Lal Tandon and as listed in Paras 19, 54 and 56 of the Plaint I. Direct the Defendant No. 1 and 2 to provide status and details of the suspected sale of property situated at 2874, Hardhian Singh Road, Karol Bagh, New Delhi and also render accounts with respect to the amounts received towards sale consideration, if any..."
2. Issue notice. Notice accepted by Mr. Vikas Tiwari, learned counsel appearing on behalf of defendants.
3. Reply(ies) be filed within two weeks.
4. Rejoinder(s) thereto, if any, be filed within two weeks thereafter.
5. List before the Joint Registrar on 22nd February, 2023 for completion of pleadings.
6. List before the Court on 17th July, 2023.
CHANDRA DHARI SINGH, J FEBRUARY 1, 2023 Dy/@k Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:02.02.2023 16:55:10