Delhi District Court
G T Karnal Road vs The State on 1 August, 2013
IN THE COURT OF SH. SUMIT DASS, ADMINISTRATIVE CIVIL
JUDGE (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 154/12.
Date of Institution : 06.12.2012.
Date of arguments : 01.08.2013.
Date of order : 01.08.2013.
In the matter of:
Sh. Rahul Mundhra
S/o Late Sh. Ghanshyam Das Mundhra
R/o A6, II Floor, Mahendru Enclave
G T Karnal Road, Delhi110033 ....Petitioner
Versus
1. The State
(NCT of Delhi)
2. Smt. Laxmi Mundhra
W/o Late Sh. Ghanshyam Das Mundhra
R/o A6, II Floor, Mahendru Enclave
G T Karnal Road, Delhi110033 ....Respondents
SCC No. 154/12. 1/7
J U D G M E N T:
Vide this judgment, I shall dispose off the petition filed on behalf of the petitioner under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of shares lying in National Securities Depository Ltd. vide D.P. ID no. IN300206 in Abhipra Capital Ltd. in the name of Sh. Ghanshyam Dass Mundhra.
The relevant facts for the disposal of the present petition are that Sh. Ghanshyam Dass Mundhra, the father of the petitioner expired on 07.05.2012. It is further stated that the deceased had left behind petitioner along with Smt. Laxmi Mundhra (wife) as his class I legal heirs. It is also stated that the deceased had not executed any Will during his life time. It is further alleged that there is no impediment in the grant of succession certificate in favour of the petitioner.
2. General public had been served through publication in daily newspaper 'Rashtriya Sahara' dated 22.03.2013 but none had appeared from general public to oppose or contest the present petition.
3. Sh. Rajesh Kumar Aggarwal, Legal Officer from Abhipra Capital Limited was examined as PW1 who proved on record that following holdings SCC No. 154/12. 2/7 are lying with them in the name of deceased:
S. No. ISIN Description Number of
shares
1 Berger Paints India Ltd. EQ 200
2 Denso India EQ 200
3 Digjam Limited EQ 1000
4 Grauer & Weil (I) Limited EQ 2000
5 Himachal Futuristic Communications 2000
Limited EQ
6 Jai Prakash Associates Limited EQ 500
7 Kirloskar Ferrous Industries Limited 500
EQ
8 Maral Overseas Limited EQ 500
9 Network 18 Media & Investments Ltd 26
EQ
10 Punj Llyod Limited EQ 500
11 Reliance Broadcast Network Limited 20
EQ
12 Reliance Mediaworks Limited EQ 100
13 Satyam Computer Services Limited 300
EQ
14 Summit Securities Limited EQ 35
15 Technocraft Industries (India) Limited 65
SCC No. 154/12. 3/7
EQ
16 The Tinplate Company of India 200
Limited EQ
17 TV18 Broadcast Limited EQ 136
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. death certificate of Sh. Ghanshyam Dass Mundhra Ex. PW1/1, PAN card Ex. PW1/2, voter ID card Ex. PW1/3, electricity bills Ex. PW1/4 & Ex. PW1/5, water bill Ex. PW1/6, affidavit for age proof Ex PW1/7, stock valuation report Ex. PW1/8, statement of holdings Ex. PW1/9.
Respondent Laxmi Mundhra has been examined and discharged wherein she had given her no objections for the issuance of succession certificate in favour of the petitioner in respect of the present petition.
4. Heard.
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 Sh. Rahul Mundhra in respect of the following holdings as lying in National Securities Depository Ltd. vide D.P. ID no. IN300206/ client SCC No. 154/12. 4/7 ID no. 10843801 in Abhipra Capital Ltd. in the name of Sh. Ghanshyam Dass Mundhra:
S. No. ISIN Description Number of
shares
1 Berger Paints India Ltd. EQ 200
2 Denso India EQ 200
3 Digjam Limited EQ 1000
4 Grauer & Weil (I) Limited EQ 2000
5 Himachal Futuristic Communications 2000
Limited EQ
6 Jai Prakash Associates Limited EQ 500
7 Kirloskar Ferrous Industries Limited 500
EQ
8 Maral Overseas Limited EQ 500
9 Network 18 Media & Investments Ltd 26
EQ
10 Punj Llyod Limited EQ 500
11 Reliance Broadcast Network Limited 20
EQ
12 Reliance Mediaworks Limited EQ 100
13 Satyam Computer Services Limited 300
EQ
14 Summit Securities Limited EQ 35
SCC No. 154/12. 5/7
15 Technocraft Industries (India) Limited 65
EQ
16 The Tinplate Company of India 200
Limited EQ
17 TV18 Broadcast Limited EQ 136
Accordingly, Succession Certificate is ordered to be issued in favour of petitioner 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 (Sumit Dass) on 01.08.2013. ACJCUMARC NORTHWEST This judgment contains 6 pages ROHINI COURTS, DELHI & each page has been signed by me.
SCC No. 154/12. 6/7 SCC No. 154/12.
01.08.2013.
Present: Ld. Counsel for the petitioner with petitioner in person.
Petitioner has been examined and is discharged. PE stands 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.
(Sumit Dass) ACJcumARC (North West) Rohini Courts, Delhi/01.08.2013.
SCC No. 154/12. 7/7