Delhi District Court
Suraj Parkash Chhabra vs The State on 12 April, 2023
____________________________________________________________________
IN THE COURT OF MS. NIHARIKA KUMAR SHARMA
ACJ-CUM-CCJ-CUM-ARC (NORTH), ROHINI COURT, DELHI
SCC No. 48/20
In the matter of :
Suraj Parkash Chhabra,
S/o Late Sh. Sant Ram Chhabra,
R/o 145, Ground Floor,
Gujranwala Town, Part - II,
Delhi - 110009. ....Petitioner
Versus
1. The State
2. Reliance Industries Ltd.
having its office at
3rd Floor, Maker Chambers IV,
222, Nariman Point,
Mumbai - 400021, Maharashtra
E.mail Id: [email protected],[email protected]
3. Reliance Capital Ltd.
having its office at
Reliance Centre, Ground Floor 19,
Walchand Harichand Marg,
Ballard Estate,
Mumbai - 400001
also at -
Kamala Mills Compound,
Trade World, B Wing, 7th Floor,
S. B. Marg, Lower Parel,
Mumbai - 400013
Email Id- [email protected],
[email protected]
4. Reliance Power Ltd.
having its office at
Reliance Centre,
Ground Floor 19,
Walchand Hirachand Marg,
SCC No. 48/20 Suraj Prakash Chhabra Vs. The State Date of Judgment - 12.04.2023 Page No. 1/5
Ballard Estate,
Mumbai - 400001
Email Id - [email protected]
5. ITC Limited,
having its office at
Virginia House 37,
Jawaharlal Nehru Road,
Kolkata 700071, West Bengal,
E-mil Id : [email protected]
6. GlaxoSmithKline Pharmaceuticals Ltd.
having its office at
252, Dr. Annie Besant Road,
Worli, Mumbai - 400030, Maharashtra.
Email Id - [email protected],[email protected]
7. Sundaram - Clayton Ltd.,
having its office at "Chaitanya",
No. 12, Khader Nawaz Khan Road,
Nungambakkam, Chennai - 600006,
Tamil Nadu.
Email Id - [email protected],[email protected]
8. WABCO - TVS (India) Ltd.
having its office Plot No. 3 (SP),
III Main Road,
Ambattur Industrial Estate,
Chennai - 600058,Tamil Nadu,
E.mail Id- [email protected]
9. Sundaram Investment Ltd.
having its office at
Jayalakshmi Estates No. 29(8),
Haddows Road, Chennai - 600006,
Tamil Nadu,
Email Id: [email protected]
10. Reliance Energy,
Now known as Reliance Infrastructures Ltd.
having its office at-
Reliance Centre, Ground Floor, 19,
Walchand Hirachand Marg,
SCC No. 48/20 Suraj Prakash Chhabra Vs. The State Date of Judgment - 12.04.2023 Page No. 2/5
Mumbai, Maharashtra - 400001,
Email Id : [email protected]
.........Respondents
Date of Institution : 14.10.2020
Date reserve for order : 12.04.2023
Date of pronouncement of judgment : 12.04.2023
JUDGMENT
1. The present petition has been filed u/s 372 of Indian Succession Act, 1925 for grant of succession certificate in respect of the "debts securities', shares etc. of Late Smt. Parvesh Chhabra lying in form of securities / shares of different companies as well as other consequences relief as per law in the name of the deceased (hereinafter referred to as "deceased").
2. In the petition, it is stated that the petitioner is the only the legal heir of the deceased. Death certificate of Smt. Parvesh Chhabra is exhibited as Ex. PW1/1.
3. General public was informed by way of publication in a newspaper namely "Virat Vaibhav" dated 22.03.2022. However, despite publication, no one from general public has come forward to file objections for the issuance of succession certificate in favour of the petitioner.
4. Notice was issued to SDM, Model Town, Delhi to file the verification report as to the LRs of the deceased. Statement of Sh. Vinod Kumar, Bailiff, SDM Office, Model Town, Delhi is recorded separately. He has filed LRs report of Late Smt. Parvesh Chhabra, which is exhibited as Ex RW1/1. As per LR report, the deceased had left behind only one legal heir namely Sh. Suraj Prakash Chhabra (husband). He is the class - I legal heir of the deceased.
SCC No. 48/20 Suraj Prakash Chhabra Vs. The State Date of Judgment - 12.04.2023 Page No. 3/55. In support of petition, petitioner has tendered his evidence by way of affidavit which is Ex. PW1/A. He relied upon the following documents:-
S. No. Description of documents Exhibit Nos.
1. Original death certificate of Smt. Parvesh Chhabra. Ex. PW1/1
Ex. PW1/2 (Colly,
2. Photocopy of share certificate
OSR)
3. Photocopy of Aadhar card Ex. PW1/3 (OSR)
4. Photocopy of Voter ID card. Ex. PW1/4 (OSR)
5. Photocopy of PAN Card. Ex. PW1/5 (OSR)
6. Statement of Sh. Animesh Tyagi, AR of Kfin Technologies Ltd., RTA of Reliance Ind. Ltd. New Delhi House, 27, Barakhamba Road, Delhi - 110001 is recorded as RW2. He has filed the record i.e. details of the shares in the name of Late Parvesh Chhabra. The details of the shares are given below-
Folio Number Company Name Total Shares 035080708 Reliance Industries Ltd. 860 73354196 Reliance Industries Ltd. 240 54155417 Reliance Industries Ltd. 320 120697661 Reliance Industries Ltd. 180 The current value of above said 1600 share (total) is Rs. 37,26,000/- as on 03.02.2023.
Note- Except Reliance Industries Ltd. shares, statement for all the other shares companies are dispensed with as share certificate are originally seen in this regard.
7. Statement of Sh. Vivek Saini, S/o Sh. Sansar Chand Saini, Authorized Representative Manager - Admn, Bharat Yuvak Bhawan, One Jai Singh Road, New SCC No. 48/20 Suraj Prakash Chhabra Vs. The State Date of Judgment - 12.04.2023 Page No. 4/5 Delhi - 110001 is recorded as RW6. He has filed the record pertaining to the shares of Late Smt. Parvesh Chhabra. The details of the shares are given below-
Folio Number Certificate Shares Dist. From To Dist.
Number To
0295804 1128284 147 66717016 to 66717162
1278949 147 170490198 to
170490344
8. Petitioner is entitled for the amount of shares lying with the Reliance Industries Ltd. (under Folio No. 35080708 73354196, 54155417 and 120697661), Reliance Capital Ltd. (under Folio No. 101301427, 102943261, 100446481, 100951061), Reliance Power Ltd. (under Folio No. 200253171, 200256528, 200259080 and 200265233), ITC Limited (under Folio No. 03/06682), GlaxoSmithKline Pharmaceuticals Ltd. (under Folio No. 0295804), Sundaram Clayton Ltd (under Folio No. P01726), WABCO TVS (India) Ltd. (under Folio No. P00014), Sundaram Investment Ltd. (under Folio No. P12100000092), Reliance Energy now known as Reliance Infrastructure Ltd. (under Folio No. 100446481, 100951061, 101301427 & 102943261) as well as other consequences relief as per law alongwith interest, if any in the name of the Late Smt. Parvesh Chhabra.
9. The total value of shares for the purpose of Court fee be calculated as per present value of the shares / debentures in Stock Exchange (s) on the day of this order in the name of deceased. Petitioner is directed to file Court fee at the rate of 2.5% for the whole amount in terms of Article 12 Schedule 1 of the Court Fees Act, 1870 as applicable to Delhi and an indemnity bond with one surety of the like amount.
File be consigned to Record-Room after due compliance. Announced in the open court on 12.04.2023 (NIHARIKA KUMAR SHARMA ) ACJ-CUM-CCJ-CUM-ARC (NORTH) ROHINI COURT, DELHI SCC No. 48/20 Suraj Prakash Chhabra Vs. The State Date of Judgment - 12.04.2023 Page No. 5/5