Delhi High Court - Orders
Shri Sushil Kumar Goyal & Another vs Smt Neera Anand & Others on 27 March, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2848/2015 & CC 35/2016, I.A. 4915/2017, I.A. 14364/2019,
I.A. 2714/2020
SHRI SUSHIL KUMAR GOYAL & ANOTHER ..... Plaintiff
Through: Mr. Sarthak Katyal, Adv.
versus
SMT NEERA ANAND & OTHERS ..... Defendants
Through: Mr. Love Kumar Gupta and Mr.
Ashwin Kumar Jaiswal, Advs. for D-1
& D-2
Mr. Sagar Pathak, Adv. for D-3 & D-4
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 27.03.2024
1. This hearing has been done through hybrid mode.
I.A. 4915/20172. This is an application under Order XI Rule 12 and 14 of CPC filed by Defendant Nos.1 and 2 seeking discovery of the following documents from the Defendant Nos. 3 and 4.
i. Original/certified copy of the Income Tax Returns filed by Defendant No. 3 and 4 as assesses, for the Financial Years 1996- 1997 and 1997- 1998;
ii. In view of the fact that Smt. Vidyawanti Kampani had an account in the Central Bank of India, Karkardooma branch, provide 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 28/03/2024 at 23:48:42 original/certified copy of the bank statements of Defendant No. 4 showing payment made to Smt. Vidyawanti Kampani as consideration for alleged Agreement to Sell dated 08.12.1997; iii. Original/certified copy of the Valuation Report or similar document assessing value of Plot No. 181, Jagriti Enclave, New Delhi- 110092, submitted to ICICI Bank by Defendant No. 3 and 4 for purpose of creating mortgage on said property in favour of ICICI bank as security for loan;
iv. Original/certified copy of the application made to Delhi Development Authority for mutation of property Plot No. 227, Jagriti Enclave, New Delhi-110092 in name of Defendant No. 4 on basis of purported Agreement to Sell dated 08.12.1997; v. Original/certified documents establishing payment (proof of) of the property tax, telephone bills, electricity bills, water bills paid for Plot No. 227, Jagriti Enclave, New Delhi-110092 being made by Defendant No. 3 and/or 4 since 08.12.1997 to 28.02.2012.
3. The present suit has been filed for declaration and permanent injunction. Defendant Nos.1, 2 and 3 are siblings. Defendant No.4 is the wife of Defendant No.3. Plaintiffs are the third party to whom Defendant Nos.1, 2, 3 and 4 have sold property bearing No.227, Jagriti Enclave, New Delhi-92.
4. The submission on behalf of the Applicants/Defendant Nos.1 and 2 is that the documents which are sought, would be relevant for the purposes of ascertaining whether the sale transaction by which the Defendant No. 4 purchased the property from Smt. Vidya Wanti Kampani is valid or not.
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 28/03/2024 at 23:48:42
5. In fact, it is submitted by the ld. Counsel for the Defendants that the conveyance deed in respect of the property as claimed by the Defendant no.4, was executed on the strength of Agreement to Sell dated 8th December, 1997 along with the General Power of Attorney ('GPA').
6. Ld. Counsel further submits that there is a case registered against the DDA and Defendant No.4. In this background, he prays that the above documents be directed to be disclosed.
7. Mr. Sagar Pathak, learned counsel submits that the income tax returns and other documents which are being sought are not relevant for the present suit. He further submits that the loan obtained from the ICICI Bank in respect of different property i.e. Plot No.181, Jagriti Enclave, New Delhi.
8. After hearing Counsels for the parties and considering the nature of the dispute, since Defendant No.4 claims title to the subject property on the basis of the Agreement to Sell dated 8th December, 1997 and on the basis of alleged Will, the income tax returns for the relevant period would be required to be disclosed in the present case.
9. In addition, if any consideration has been paid to Mrs. Kampani by Defendant No. 4, the details of bank accounts, the statements of the Defendant No. 4 or of Mrs. Kampani be placed on record.
10. The certified copies of the applications to the DDA for mutation of the property be also placed on record.
11. Insofar as item no (iii) is concerned, i.e., original/certified copy of the Valuation Report or similar document assessing value of Plot No. 181, Jagriti Enclave, New Delhi- 110092, submitted to ICICI Bank by Defendant No. 3 and 4, the Defendants are free to summon at the appropriate stage, any official 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 28/03/2024 at 23:48:42 from ICICI bank for proving valuation of the property in the said neighbourhood.
12. Insofar as any telephone bills, electricity bills etc. are concerned, if there are any payments which have been made by Defendant No. 4 during the period 8th December, 1997 to 28th February, 2012 the same shall also be disclosed. Eight weeks time is granted to Defendant Nos. 3 and 4 to make the aforesaid disclosure along with documents.
13. The application is accordingly disposed of in the above terms. CS(OS) 2848/2015
14. So far as remaining applications are concerned, an adjournment is sought on behalf of the Plaintiff. Accordingly, the matter is adjourned to 6th September, 2024.
15. List before the Joint Registrar on 28th May, 2024.
PRATHIBA M. SINGH, J MARCH 27, 2024 Ns/bh 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 28/03/2024 at 23:48:42