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K.C Chopra & Sons Huf & Anr vs Adarsha Bhalla (Deceased) Thr Lrs & Ors on 18 January, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~1
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +     RFA 980/2019, CM APPL.1999/2022
                                      K.C CHOPRA & SONS HUF & ANR.                     ..... Appellants
                                                        Through: Mr.Rohit Oberoi, Advocate.
                                                        versus
                                      ADARSHA BHALLA (DECEASED)
                                      THR LRS & ORS.                                ..... Respondents
                                                        Through: Mr.Manu Nayar, Advocate.
                                      CORAM:
                                      HON'BLE MR. JUSTICE YOGESH KHANNA
                                                        ORDER

% 18.01.2022

1. The hearing has been conducted through Video Conferencing.

2. The respondents move this application with the following prayers:-

It is therefore respectfully prayed that the Honourable Court may direct the Appellant No 2 to make up the financial assets of the K C Chopra & Son (HUF) that was unlawfully dissolved by the Appellant on 03.05.2019, by depositing Rs 13,76,03,631/- (Rupees Thirteen Crore Seventy Six Lakh Three Thousand Six'Hundred Thirty One Only), the amount unlawfully withdrawn by the Appellant No 2 from the account of the HUF after 02.05.2019, back into the SB Account No 31067835353 of the K C Chopra & Son (HUF) held with State Bank of India, Tilak Nagar Branch, New Delhi, along with an interest of 10% per annum wef 03,05.2019 on the amount withdrawn from the above account, after the unlawful dissolution of the HUF till the date of deposit.

1. Till such time the Appellant makes up the financial assets of the K C Chopra & Son (HUF) to the desired level, the immoveable assets that he has in his possession and control to include J-12/39, Rajourl Garden, New Delhi -110027 (from where the HUF operates) ; Fiat No. 8/1 Atur Park, 5 Koregaon Road, Rune -411001 & Flat No. E-8 Popular Heights, Koregaon Park, Pune - 411001 be attached with the Court as Surety, with Immediate effect Or else provide a corresponding security of Rs 18 Crore to be provided to Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:18.01.2022 16:22 the Court.

2. The Appellant No 2 be restrained from operating the Bank Account(s) and other security deposit(s) held in the name of K C Chopra & Son (HUF) that may be in the possession of the Appellant including SB Account No. 31067835353 of the K C Chopra & Son (HUF) held with State Bank of India, Tilak Nagar Branch, New Delhi (IFSC : SBIN0001551), with immediate effect.

3. An Administrator be appointed to manage the Funds of M/s K C Chopra & Son (HUF).

4. That the Appellant, his Wife, and his sons, who are alleged to be the unlawful beneficiaries of the K C Chopra & Son (HUF) have received funds/other benefits from the HUF in the last Two years, be directed to deposit their Passports with Hon'ble Court, for safe custody as there is an apprehension that they may leave the Country's after having siphoned off in Rs. 18 crores belonging to the respondents in terms of the judgements passed in favour of respondents.

3. It is the submission of the learned counsel for the applicants/ respondents that the claim of appellant is based on the fact that he is an adopted son of late K C Chopra and he allegedly became Karta of M/s.K C Chopra & Sons HUF after the death of K C Chopra.

4. The learned counsel for respondent also submits vide the judgment dated 29.08.2018, the appellant herein was not considered as an adopted son of K C Chopra, hence he had no right as adopted son or Karta of M/s.K C Chopra & Sons HUF though the name of K C Chopra is being shown in his school record or other records, as his father, but it shall not grant him any status of an adopted son of K C Chopra.

5. It is also argued though the judgment dated 29.08.2018 was passed by the learned Trial Court, yet on 03.05.2019, the appellant withdrew an amount of Rs.13.71 Crores out of Rs.18.00 Crores from the account of M/s.K C Chopra & Sons HUF, illegally and when it was objected, the Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:18.01.2022 16:22 appellant then filed this appeal after the delay of 355 days and as such the this appeal is otherwise barred by limitation.

6. In view of the judgment dated 29.08.2018, the appellant is bound to secure the money lying in the account of M/s.K C Chopra & Sons HUF as on 29.08.2018.

7. The learned counsel for the appellant has argued the entire school record show the appellant was very much an adopted son of late Shri K C Chopra and even he talks about two settlements between the parties wherein he was authorised to conduct the business of M/s.K C Chopra & Sons HUF.

8. Nevertheless, there exist a judgment against the appellant therein and he needs to protect the amount which he had withdrawn from the account of M/s.K C Chopra & Sons HUF. Let the appellant file an affidavit stating as to how much amount was lying in the account of M/s.K C Chopra & Sons HUF as on 29.08.2018 and dates of withdrawal of such amounts and how he intends to secure such an amount since there exist a judgment against him. Let above affidavit be filed by appellant within four weeks from today with an advance copy thereof to the learned counsel for respondents.

9. The learned counsel for the appellant submits till the next date of hearing, the appellant is not intending to leave the country without prior permission of this Court.

10. List again on 21.03.2022.

YOGESH KHANNA, J.

JANUARY 18, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:18.01.2022 16:22