Delhi High Court - Orders
Mrs. Santosh Arora vs Mrs. Niyati Arora & Ors on 24 January, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 623/2021
MRS. SANTOSH ARORA ..... Plaintiff
Through: Mr. Vikas Kakkar, Mr. Vasudev
Sahai Trivedi and Mr. Ashutosh
Singh Rana, Advocates
versus
MRS. NIYATI ARORA & ORS. ..... Defendants
Through: Mr. Sarthak Dubey, Advocate for D-
1, 2, 5, 6 and 8 (Through VC)
Ms. Gayatri Puri and Ms. Kalpana
Chauhan, Advocates for D-3 and LRs
of D-3
Mr. Puneet Bajaj, Advocate for L&T
Finance
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 24.01.2023 I.A. 1469/2023 (Direction to appoint a Court receiver)
1. The instant joint application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the parties seeking the following reliefs:-
"(a) Pass an order thereby appointing the Court Receiver in terms of the Settlement Agreement dated 09.12.2022 executed between the parties to the suit in the interest of justice;Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13
(b) Pass an order thereby directing bank/AMC/Sub-registrar to liquidate/encash/redeem bank account, PPF account, FDR, Mutual Funds on instructions of appointed Court Receiver..."
2. Learned counsel appearing on behalf of the plaintiff submitted that the instant suit was filed for Partition, Rendition of Accounts, Perpetual Injunction and Mandatory Injunction with respect to the moveable and immovable assets left by late Ms. Meena Kumari, who died intestate leaving behind seven siblings.
3. It is submitted that late Ms. Meena Kumari, who died intestate had various banks accounts (joint as well as individual), FDRs, Mutual Funds in her name as well as with her siblings and she also had the title to certain immovable assets.
4. It is further submitted that the parties to the instant suit had been referred for mediation at Delhi High Court Mediation and Conciliation Centre to settle their disputes pertaining to the movable and immovable assets of late Ms. Meena Kumari, wherein the parties arrived at an amicable settlement vide Settlement Agreement dated 9th December, 2022.
5. It is further submitted that in terms of the said Settlement Agreement, the parties have agreed to the appointment of a Court Receiver, who shall inter alia withdraw/liquidate the movable assets, such as the bank accounts and shall also initiate the process to redeem Mutual Funds with respective AMCs mentioning old and new folio details as well as immoveable assets for and on behalf of the parties and shall keep all such money so received Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13 from the withdrawal/liquidation of the estate left by late Ms. Meena Kumari in a nationalized bank for/till its actual distribution among the beneficiaries or the parties to the suit. Hence, it is prayed that a Court Receiver may be appointed for the said purpose.
6. Learned counsel appearing on behalf of defendants has fairly conceded to the submissions advanced by the learned counsel for the plaintiff and prays for the appointment of a Court receiver for the aforementioned purposes.
7. Heard learned counsels for the parties and perused the record including the Settlement Agreement dated 9th December 2022.
8. The instant application has been filed for the appointment of a Court receiver.
9. The Settlement Agreement qua the estate left by late Ms. Meena Kumari states as under:
"AND WHEREAS during mediation process it is stated by the parties that they are not fully aware of complete details of moveable and immoveable properties left behind by Ms. Meena Kumari on the date of her death as on 22-04-2021. Therefore, the Deceased Defendant No.3 (being alive at the relevant point of time) filed an IA No.6048/ 2022 (for direction) in the present suit, thereby seeking directions to all concern bankers/companies /mutual funds etc. to know/ gather the updated status of all the assets left behind by the deceased Ms. Meena Kumari. The IA was allowed vide Order dated 22.04.2022 passed by the Hon'ble High Court with certain directions being not opposed by the other parties. The parties jointly represents that the requested details were provided by the bankers/companies/mutual funds etc. It is Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13 further represented that on the basis of such details, the parties have jointly and mutually prepared a tabular chart, wherein the details of the entire moveable and immovable assets left by Ms. Meena Kumari, is/ are mentioned which tabular chart is annexed herewith as ANNEXURE-A (COLLY.) and shall always be read as integral part of this Settlement Agreement. The parties further jointly represents that the above mentioned tabular chart, categorically mentions / records the names and details of the persons and transactions by which the amounts were withdrawn, upon death of Ms. Meena Kumari, from her accounts including the transaction date etc., either vide using the ATM, OR via transfer/redemption of mutual funds in another account, liquidation of the Fixed Deposit Receipts, Closure of Accounts as Nominee, Joint/Second account holder, Active/Running Accounts & amount remain in the accounts etc. AND WHEREAS the parties represents that Ms. Meena Kumari was having two lockers, in joint names with her mother Mrs. Parkash Wati in the banks, details of which are as under:-
1. Punjab National Bank, B-1, Community Centre, Janakpuri, Delhi- 110058.(LOCKER NO. 135-A)
2. State Bank of India, Sagar Tower, District Center, Janakpuri, Delhi- 110058 (LOCKER NO. 427) The parties represent that the aforesaid lockers' contains certain items of jewelry which shall be divided as per details which will be found in locker and if no specific detail for distribution found, the same shall be divided equally through the Court Receiver.
AND WHERAS the parties further represents that in addition to aforesaid moveable assets , there are certain Immoveable Assets left behind by Ms. Meena Kumari, details of which immoveable properties are as follows:-
i. Deceased Ms. Meena Kumari Share in Immoveable Property No C- 2/C, Pocket - 2, Flat 89, Janakpuri, New Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13 Delhi 110058, ii. Property/Plot No. C-59, C-60, measuring 200 Sq. yards, (20 FT. X 45FT.) bounded as North:-Road-20Ft. South:-Plot No.D6 and D5, East: Plot No. C61, West:
Plot No. C-58. AND iii. Shop/Plot No. F-2, Measuring 50 Sq. yards, (20ft. X 22.5 Ft.) bounded as North:- Shop Plot No. S-42, South:
Road 20Ft. East:Shop Plot No. S-20, West-Street 10 Ft. Wide, AND iv. Shop/Plot No. S-20 and S-21 measuring 50 Sq. yards, (10 Ft. X 22.5 Ft. Each Shop) bounded as North:- Park- Street, South: Road 20Ft. East:- Shop Plot No. S-22, West: Shop/ Plot F-2 , (Property at Serial No. i to iv comprises in Khewat No. 60, Khatuni No. 93, Killa Nos. 34/21, 35/14/2, 25, 17, 18,23,24, Khewat No. 60, Khatauni No. 93, Killa Nos. 34/11, 12/1, 20/1, 20/2, 35/16, Khewat No. 61, Khatauni No. 94, Killa No. 35/15/2 and Khewat No. 62, Khatauni No. 95.Killa No. 35/15/1, situated at Village Dabua,Tehsil Ballabgarh, District-Gurgaon, Now Faridabad, (Haryana) Colony known as ASHOK NAGAR, Dabua. Purchased by Ms. Meena Kumari vide duly registered Sale Deed registered as Document No. 861, Book No.1, Addl. Vo. No. 101, Pages 132 to 135 Dated 12-07- 1974 with Registrar Delhi."
10. Clause 2 of the said Agreement also mentions the undertaking by both the parties regarding the appointment of a Court Receiver. The relevant clauses of the Agreement are reproduced hereunder:
"2. It is further agreed between the parties that an Application in writing or orally shall be filed jointly by the parties, for seeking appointment of Court Receiver with the directions that all the amounts, i.e. whatsoever have been withdrawn or received by any of the parties or siblings of Ms. Meena Kumari shall be handed over / deposited with such Court Receiver within one week from Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13 the date of appointment of Court Receiver. It is agreed that if any of the parties is / are in possession of any of the movable assets [including the mutual funds, details of which are mentioned in Annexure-A COLLY.)] of Ms. Meena Kumari, which were transferred in his / her name from the account / name of Ms. Meena Kumari upon her death and which party(s) were not able to liquidate, the same shall also be deposited / submitted I handed over to the Court Receiver appointed by the Hon'ble Court for redemption! liquidation! encashment and thereupon to distribute amongst the parties, as has been agreed between the parties in the present Settlement Agreement. It is agreed that such amount shall be deposited alongwith the interest @6.75 % per anum for the period of 14 months i.e. from September, 2021 till November, 2022. Calculation sheet is attached herewith as ANNEXURE-B.
3. It is agreed between the parties that the parties shall pray for decree of declaration and partition in terms of the present settlement agreement before Hon'ble Court declaring that Party No. 1 to Party No. 7 to Settlement Agreement dated 09.12.2022, except Party No.5 (Smt. Shanta Chandra) who had already released her share among all other party, are hereby declared joint owners of 1/6th share of each party in all the properties moveable and immovable as described in ANNEXURE-A (COLLY.), subject to deduction of all liabilities like fees towards Court Receiver. All Actual expenses, Court fees/ Stamp duty (if any), brokerage/commission of any real estate agent for selling/liquidate the immovable properties, all bank charges, mutual funds liquidation charges etc.
4. It is further agreed that the parties shall pray for a final decree to be passed before the Hon'ble Court as per this Settlement Agreement, in favour of the First Party to Seventh Party except the Fourth Party, by appointment of Court Receiver, who shall withdraw/liquidate/redeem/sold out encash the aforesaid movable and immovable properties for and on behalf of the aforesaid parties and shall keep all such money so received by the Court Receiver from the withdrawal/ liquidation/ redemption/ encashment/selling out etc. of the aforesaid assets left by Late Ms. Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13 Meena Kumari in a nationalised bank for/till its actual distribution among the beneficiaries/ the aforesaid parties except the Fourth Party.
5. It is further agreed between the parties that as far as Immoveable Properties are concerned, any party/parties shall have the option either single or jointly to buy the share of other party/parties at the agreed price (may be by inter se bidding) as per the procedure agreed and deposit the entire Sale Consideration with court Receiver for distribution amongst the remaining parties.
6. It is also agreed between the parties that the Parties shall have option to bring any buyer with letter of intent to buy the immoveable properties with best offer price and upon agreement on price by parties herein, Court Receiver shall execute and get registered Sale Deed in the name of buyer and accept the entire sale consideration and shall keep such entire Sale Consideration in same bank account wherein other amounts should be kept upon liquidation of moveable assets by court receiver.
7. It is agreed between the parties that if the immoveable property is not partitioned through inter se sale/ bidding, then the parties shall make their best efforts through the Court Receiver, to sell the said immoveable properties in open market at best market price through public auction. Any such sale consideration so received shall be kept by Court Receiver in bank and shall be divided in above said ratio after deductions of all the expenses in relation thereof.
8. It is further agreed that court receiver shall provide all necessary details including the receipts and payment details, to the parties through their respective learned counsel at the given emails Id's of Learned Counsel for Parties i.e. [email protected], [email protected] and [email protected], [email protected] [email protected] Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13
9. It is agreed between the parties that they shall have their respective shares in all the moveable and immoveable assets of Ms. Meena Kumari minus all liabilities like Fees Towards Court Receiver as may be fixed by Hon'ble Court, All Actual Expenses whatsoever which would be incurred by Court Receiver, Court Fees/Stamp Duty( if any), Brokerage/Commission of any real estate agent for selling/liquidate the immoveable properties, all bank charges, mutual funds liquidation charges."
11. Learned counsel for the defendants has also affirmed the factum of the said Agreement and the contents therein, and prays for the appointment of a Court receiver for the aforementioned purposes.
12. As agreed on behalf of the parties, it is evident that the parties intend for the Court to appoint a Court Receiver to take possession of/ to withdraw/to liquidate the movable assets including but not limited to the mutual funds/savings in banks/FDRs and the contents of the Lockers, as provided in Annexure-A of the Settlement Agreement, as well as the immovable assets forming the estate of the deceased Ms. Meena Kumari, for and on behalf of the parties, and shall keep all such money/proceeds so received, for being distributed amongst the parties, in a nationalised bank for/till its actual distribution among the parties in terms of the Settlement Deed.
13. In view of the request made by the parties, as well as the Settlement Agreement on record, this Court is inclined to appoint a Court Receiver. Hence, the following Order:
ORDER
(i) Mr. Santosh Kumar is hereby appointed as the Court Receiver Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13 in view of the joint request made by the parties, as well as in view of the Settlement Agreement dated 9th December 2022.
(ii) The Court Receiver shall take possession of/withdraw/liquidate the movable assets including but not limited to the mutual funds/savings in banks/FDRs and the contents of the Lockers, as provided in Annexure-A of the Settlement Agreement, as well as the immoveable assets forming the estate of the deceased Ms. Meena Kumari, for and on behalf of the parties, and shall keep all such money/proceeds so received, for being distributed amongst the parties, in a nationalised bank for/till its actual distribution among the parties in terms of the Settlement Deed.
Qua Movable Properties:
(iii) In addition to the aforesaid:
a. If any of the party/parties is/are in possession of any of the movable assets of the deceased Ms. Meena Kumari, including but not limited to the mutual funds/savings in banks/FDRs and the contents of the Lockers (as provided in Annexure-A of the Settlement Agreement, subject to the exclusion of those FDRs mentioned in Paragraphs 14 and
15) which were transferred in his/her name from the account/name of the deceased consequent to her death and which either of the party/parties were not able to liquidate, the same shall also be deposited/handed over to the Court Receiver for redemption/liquidation/encashment within ten days from the date of this Order.Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13
b. The parties are directed to hand over/deposit all the amounts, whether withdrawn or received, forming a part of the estate of the deceased as mentioned in the Settlement Deed with the Court Receiver within seven days from the date of this Order. The respective parties are also directed to handover the withdrawal amount alongwith the interest @6.75% per annum for the period of 14 months i.e. from September, 2021 till November, 2022, as calculated and provided in the Annexure-B of the Settlement Agreement. Qua Immovable Properties:
(iv) In addition to the aforesaid:
a. It shall be open for the parties to buy the share of other party/parties at the agreed price as per the procedure agreed upon and deposit the entire Sale Consideration with the Court Receiver for distribution amongst the remaining parties.
b. The parties shall also have the option to bring in any buyer with letter of intent to buy the immoveable properties with best offer price and upon agreement on price by parties herein, the Court Receiver shall accept the entire sale consideration, and then execute and get the Sale Deed registered in the name of the buyer.
c. As agreed between the parties, if the immoveable property is not partitioned through inter se sale/bidding or through sale to a third party unanimously brought in by the parties as mentioned hereinabove, the parties shall request the Court Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13 Receiver, to sell the said immoveable properties in open market at best market price through public auction. Any such sale consideration so received shall be maintained by the Court Receiver in the same bank and shall be divided in the ratio as applicable under the Settlement Agreement after deductions of all the expenses in relation thereof.
(v) Upon the performance of the aforesaid duties as assigned, the Court Receiver shall distribute amongst the parties in terms of the Settlement, in the manner and the ratio as has been agreed between the parties in the Settlement Agreement.
(vi) The aforesaid directions have been passed to give effect to the terms of the Settlement Agreement and the contents thereof.
Any other steps required on part of the Court Receiver for implementing the contents of the Settlement Agreement, including but not limited to paragraphs 13, 16 and 24 shall be undertaken.
(vii) The Court Receiver shall maintain a record of all the receipts and payments with respect to the movable/immovable properties/assets of the deceased as mentioned in the Settlement Agreement and shall furnish the same as and when required. The parties, through their respective counsels, can request the Court Receiver to provide the necessary details thereof from time to time, and the Court Receiver shall furnish the same to the parties through the official e-mail IDs of the respective counsels.
(viii) The Court Receiver shall be paid an amount of Rs. 3,50,000/-, Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13 for performing his duties as an Officer of Court under this order, which shall be borne by the parties equally.
(ix) The parties shall also bear all/any additional expenses whatsoever arises for the purpose of and in connection with compliance of this Order, which would be incurred by the Court Receiver, including but not limited to Brokerage/Commission of any real estate agent for sale/liquidation of the immoveable properties, bank charges, mutual funds liquidation charges.
(x) At the first instance, the parties shall approach the Court Receiver, within a week from the date of this Order for necessary compliance.
14. The application is accordingly disposed of in the aforesaid terms.
15. A copy of the order be forwarded to the Court Receiver on the following address for necessary intimation:
Shri Santosh Kumar, Advocate Address: W-139, Greater Kailash-1, New Delhi Phone No.: 9310747175, 9015966065 E-mail ID: [email protected] CS(OS) 623/2021 List on 12th July, 2023.
CHANDRA DHARI SINGH, J JANUARY 24, 2023 Dy/@k Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:27.01.2023 19:42:13