Delhi District Court
Sh. Rishabh Kapoor vs State on 2 September, 2013
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IN THE COURT OF SH. SUMIT DASS, ADMINISTRATIVE CIVIL
JUDGE (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 81/13.
Date of Institution : 05.06.2013.
Date of arguments : 29.08.2013.
Date of order : 02.09.2013.
In the matter of:
Sh. Rishabh Kapoor
S/o. Late Sh. Raj Kapoor,
R/o. KD7, DDA MIG Flats,
Pitampura, Delhi110 034.
....Petitioner
Versus
1. State
2. The Senior Manager
Canara Bank, Depository Cell,
N1, EMC House,
Connaught Circus,
New Delhi110 001
3. Shashank Kapoor
S/o. Late Sh. Raj Kapoor
SCC No. 81/13 Rishabh Kapoor vs. State & Ors.
1
2
R/o. KD7, DDA MIG Flats,
Pitampura, Delhi110 034.
....Respondents
J U D G M E N T:
Vide this judgment, I shall dispose off the petition filed under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities etc of Late Smt. Sadhna Kapoor w/o. Late Sh. Raj Kapoor (deceased).
The relevant facts for the disposal of the present petition are that Late Smt. Sadhna Kapoor/the mother of the petitioner expired on 10.03.2013. It is stated that the deceased had left behind petitioner/son and respondent no.3 as his legal heirs. The present petition has been filed for the grant of succession certificate in respect of shares in the name of deceased Smt. Sadhna Kapoor. It is submitted that there is no impediment in grant of succession certificate in favour of the petitioner in respect of above said accounts.
2. General public had been served through publication in daily newspaper 'Rashtriya Sahara' dated 19.07.2013 but none had appeared from SCC No. 81/13 Rishabh Kapoor vs. State & Ors. 2 3 general public to oppose or contest the present petition.
3. In support of his case, the petitioner has examined RW1/Sh. Shashank Kapoor who deposed that he has no objection for the issuance of succession certificate exclusively in favour of the petitioner and waive his claim and proved photocopy of his election identity card Ex.RW1/1.
Thereafter, petitioner examined himself as PW1 and tendered his evidence. He proved the death certificate of his mother Late Smt. Sadhna Kapoor as Ex.PW1/1 and deposed that she had left him and petitioner as her legal heirs. He has also proved photocopy of his election identify card Ex.PW1/2. Further he examined PW2 Sh. Pawan Gupta, Clerk, Canara Bank, Cannuaght Place, Delhi who brought the summoned record and proved the same as Ex.PW2/1 (colly). The report of the SDM is also on record which shows that the petitioner and respondent no.3 are the only LRs of the deceased Smt. Sadhna Kapoor.
4. Heard.
5. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in favour of SCC No. 81/13 Rishabh Kapoor vs. State & Ors. 3 4 petitioner in respect of the shares lying in the name of deceased Smt. Sadhna Kapoor in Canara Bank Depository Cell as mentioned below. __________________________________________________________________________ S.NO. ISIN Company Name & Scrip Type Balance(Rs.) Status
1.INE116D01028 BAG FILMS & MEDIA LTD. EQ.FV.Rs.2 100 Free
2.INE752H01013 CREDIT ANALYSIS & RESEARCH LTD. EQ 20 Free
3.INE009A01021 INFOSYS LTD. EQ.FV RS.5/ 16 Free
4.INE455F01025 JAI PRAKASH ASSOCIATES LTD.EQ.NEW RS.2/ 375 Free
5.INE099J01015 JAYPEE INFRATECH LTD. EQ. 50 Free
6.INE438H01019 KINGSFISHER AIRLINES LTD. EQ. 500 Free
7.INE347G01014 PETRONET LTD.EQ. 100 Free
8.INE134E01011 POWER FINANCE CORP.LTD.EQ. 28 Free
9.INE962B01011 PRAG BOSIMI SYN EQ. 1000 Free
10.INE560K01014 PTC INDIA FIN. SERVICES LTD.EQ. 250 Free
11.INE614G01033 RELIANCE POWER LTD. EQ. NEW Rs.10/ 27 Free
12.INE638A01027 SINGER INDIA LTD. EQ. NEW Rs.10/ 200 Free
13.INE081A01012 TATA STEEL LTD. EQ. 10 Free
14.INE109A01011 THE SHIPPING COR.INDIA LTD.EQ. 50 Free
15.INE421C01016 TVS SRICHAKRA LTD. EQ. 162 Free
16.INE691A01018 UCO BANK EQ. 100 Free
17.INE116G01013 VARDHMAN ACRYLICS LTD. EQ. 300 Free Accordingly, Succession Certificate is ordered to be issued in SCC No. 81/13 Rishabh Kapoor vs. State & Ors. 4 5 favour of petitioner Sh. Rishabh Kapoor in respect of the above, on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month. The market value of the shares as on day shall be taken for consideration in computing the court fees. File be consigned to Record Room.
Announced in the open court (Sumit Dass)
on 02.09.2013 ACJCUMARC NORTHWEST
ROHINI COURTS, DELHI
This judgment contains five pages
& each page has been signed by me.
SCC No. 81/13 Rishabh Kapoor vs. State & Ors.
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6
SCC No. 81/13
Rishabh Kapoor vs. State & Ors.
29.08.2013
Present: Ld. Counsel for the petitioner along with petitioner RW1, PW1 & PW2 are examined and discharged. PE is closed. Final arguments heard.
Put up for orders on 02.09.2013.
(Sumit Dass) ACJcumARC (North West) Rohini Courts, Delhi/29.08.2013 02.09.2013 Present: Ld. Counsel for the petitioner along with petitioner Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioners is allowed and disposed off.
File be consigned to Record Room.
(Sumit Dass) ACJcumARC (North West) Rohini Courts, Delhi/02.09.2013 SCC No. 81/13 Rishabh Kapoor vs. State & Ors. 6