Delhi High Court - Orders
Ayra Roy vs Union Of India on 4 September, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~8 (SB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6178/2021 & CM APPL.21475/2022
AYRA ROY ..... Petitioner
Through: Mr. Ekansh Agarwal, Adv. (M:
9971257118)
versus
UNION OF INDIA ..... Respondent
Through: Mr. Anurag Ahluwalia CGSC for
UOI.
Mr Kartik Sharma, Adv. for Mr
Santosh Kumar Tripathi, SC,
GNCTD.
Ms. Abiha Zaidi and Ms. Suriti
Chowdhary, Advs. for M/s EXL
SERVICES PVT. LTD. (M:
8285725693)
Ms. Komal Mundhra, Mr, Saurabh
Agrawal & Ms. Mahima Zade, Advs.
for M/s. Bankit Services Pvt. Ltd.
(M: 9674323070)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 04.09.2023
1. This hearing has been done through hybrid mode.
2. The present writ petition has been filed by the minor child through her maternal aunt (Mausi) seeking a direction for securing of the entire assets left behind by her deceased parents. Vide order dated 11th April, 2023, this Court while considering the present petition had given the following directions:
"6. Since none appears for Respondent No.4, there is a clear need to secure the assets of the deceased parents for the welfare of the minor child. Accordingly, the W.P.(C) 6178/2021 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:09:27 District Magistrate, Mandir Marg, Mahavir Enclave shall conduct a detailed enquiry in this matter and file a proper report about the status of the family of Late Shri Ashish Roy and Smt. Disha Roy. The DM shall also ascertain the employers of the said deceased parents and also trace out the assets of the said parents and place the same on record by means of a status report. The DM is also free to contact Ms Aadya Aggarwal, who is acting as next friend/guardian of the minor as also Bua - Ms. Sumita Devnath, who is stated to be in control of certain assets of the deceased parents.
xxxx xxxx xxxx
11. The above two employers of the parents of the Petitioners shall also disclose as to the death benefits and other benefits, which the minor's parents were entitled to as per their HR policy. The said details shall be placed on record as a status report by the competent officials of the said two employers. The said status report shall also give details of the current status of the death benefits as due to the parents of the Petitioner."
3. Today, Ms. Abiha Zaidi, ld. Counsel for M/s. EXL Services Pvt. Ltd., the employer of the deceased mother of the Petitioner, has appeared before the Court. Ld. counsel seeks to file her affidavit giving details of all the outstanding entitlements of the deceased mother of the Petitioner. Let the same be filed within four weeks.
4. Insofar as M/s. Bankit Services Pvt. Ltd., the employer of the deceased father of the Petitioner, is concerned, the entire amount shall be deposited in the following bank account, which is a no-withdrawal account:
A/C No.110042845028 Name - Arya Roy under guardianship of Aadya Agarwal Bank - Canara Bank, Vasundhara Branch.W.P.(C) 6178/2021 Page 2 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:09:27
5. On behalf of the SDM, Dwarka, ld. Counsel submits that the SDM has ascertained the details of the movable and immovable assets of the deceased parents of the Petitioner. Let the report placed today before the Court, be brought on record by ld. Counsel.
6. Insofar as the CWC is concerned, the report is already on record. The CWC report shows that the following are the various assets.
(i) Immovable property bearing No.G-51, Bengali Colony, Mandir Marg, Mahavir Enclave, Palam, New Delhi
(ii) 13 items of jewellery belonging to the mother of the Petitioner.
(iii) One Hyundai I10 car bearing No.DL4CAQ5198 alongwith registration papers.
(iv) Original papers of the Tata AIG term life insurance Policy No.C22188296 of the deceased father of the Petitioner.
(v) Original LIC policy no.208401194 in the name of father of the Petitioner.
(vi) Movable assets i.e. Air Purifier, Cycle, Oxygen Cylinder, Vacuum Cleaner, Apple Air Pods, HP Laptop, PS4, Projector In addition to the above, the SDM report also discloses the following:
(vi) One Renault Duster car bearing No. UP14DV1949 without registration papers.
7. Insofar as the immovable properties are concerned, the original documents may be handed over by the Bua - Respondent No.4 to the Chairperson, CWC and the CWC is directed to obtain a bank account locker in Canara Bank, Eiffel Tower Branch, Sector-9, Vasundhara, Ghaziabad and all the original papers be deposited therein.
8. Insofar as the LIC policy and other policies are concerned, CWC may W.P.(C) 6178/2021 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:09:27 contact the concerned companies and obtain the policy amount and thereafter deposit the same in the bank account mentioned above.
9. Insofar all other movable assets like air purifier etc. are concerned, the same shall be handed over to Mausi for the use of the child.
10. Insofar as the jewellery is concerned, the same may also be deposited in the said locker with a proper list.
11. Insofar as the two cars are concerned, the office of OL attached to this Court shall sell the two cars and deposit the amount in the account mentioned above. In addition, the immovable property shall also be sold by way of auction by the OL office.
12. The copies of the title deeds etc. which are to be deposited in the locker shall also be given to Ms. Ruchi Sindhwani, ld. Counsel for the OL so as to enable the OL to auction the Immovable property bearing No. G-51, Bengali Colony, Mandir Marg, Mahavir Enclave, Palam, New Delhi. A copy of the title deed of the said property shall be handed over to Ms. Sindhwani by CWC. The auction of immovable property and two cars shall be carried out within four weeks. The value of the immovable property, as per the SDM, is Rs.34,66,564/-. The office of the OL shall try and obtain the highest possible price. If there is any likelihood that the property is fetching Rs. 34,66,564/- then the auction shall not be proceeded with and the OL shall approach this Court for further directions.
13. List on 3rd November, 2023.
14. This is a part heard matter.
PRATHIBA M. SINGH, J.
SEPTEMBER 4, 2023/dk/am W.P.(C) 6178/2021 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:09:27