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Delhi District Court

Gauri Shankar Gupta vs State (Govt. Of Nct on 18 July, 2023

____________________________________________________________________
                 IN THE COURT OF MS. NIHARIKA KUMAR SHARMA
         ACJ-CUM-CCJ-CUM-ARC (NORTH), ROHINI COURT, DELHI
                                                                                            SCC No. 158/21
       In the matter of
       Gauri Shankar Gupta,
       S/o Late Sh. Suraj Bhan Gupta,
       R/o C-180, Gali No. 7,
       Majlis Park, Adarsh Nagar,
       Delhi - 110033                                                                       ....Petitioner

                                                       Versus


1.     State (Govt. of NCT, Delhi)
2.     The Nodal Officer (IEPF),
       SRF Limited at -
       The Galleria, DLF, Mayur Vihar,
       Unit No. 236 & 237, 2nd Floor,
       Mayur Place, Phase I Extn, Delhi - 110091

3.     Karvy Computer Share Pvt. Ltd.
       At - Karvy Selenium Tower - B,
       6th Floor, Plot No. 31 & 32, Gachibowli,
       Financial District, Hyderabad - 500032,
       Telangana                                                                          .........Respondents



Date of Institution               : 22.10.2021
Date reserve for order            : 18.07.2023
Date of pronouncement of judgment : 18.07.2023

                                               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 Sh. Suraj Bhan Gupta lying with the SRF Limited as well as other SCC No. 158/21 Gauri Shankar Gupta Vs. State Date of Judgment - 18.07.2023 Page No. 1/3 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 legal heir of the deceased. Death certificate of Sh. Suraj Bhan Gupta is exhibited as Ex. PW1/2.

3. General public was informed by way of publication in a newspaper namely "Veer Arjun" dated 05.01.2022. 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, SDM Office, Model Town, Delhi is recorded separately. He has filed the LRs report of Late Sh. Suraj Bhan Gupta on behalf of the SDM office, which is exhibited as Ex RW1/1. As per LR report, the deceased had left behind only one legal heir namely Sh. Gauri Shankar Gupta. He is the only class - I legal heir of the deceased.

5. In support of petition, petitioner has examined his evidence by way of affidavit as Ex. PW1/A. He relied upon the following documents:-

     S. No.                  Description of documents                                  Exhibit Nos.

       1.                Copy of aadhar card of petitioner                              Ex. PW1/1

       2.        Copy of death certificate of Sh. Suraj Bhan Gupta                      Ex. PW1/2

Respondent no. 3 i.e. "Karvy Computer Share Pvt. Ltd., Karvy Selenium Tower B, 6th Floor, Plot No. 31 & 32, Gachibowli, Financial District, Hyderabad -

500032" was dropped / deleted from array of parties upon the statement of Sh. Aashish Goel, Ld. Counsel for the petitioner, which was recorded on 27.09.2022.

6. Statement of Sh. Pankaj Singh Bisht, S/o Sh. Narayan Singh, Sr. Executive, Secretarial, SRF Limited, Gurugram, Haryana - 122003 is recorded as RW2. He has filed the share details of 245 shares bearing Folio No. S 0006285 held in the name of Late Sh. Suraj Bhan Gupta. These shares have been transferred to Investor Education and Protection Fund Authority (IEPF) in accordance with the requirement as set out in the IEPF Authority Rules, 2016 ("the Rules") as amended.

7. Petitioner is entitled for the amount of 245 shares of SRF Limited, Gurugram, Haryana - 122003 having its Regd. Office at Unit No. 236 & 237, 2 nd Floor, DLF Galleria, Mayur Place, Noida Link Road, Mayur Vihar, Phase - I Extension, Delhi - 110091 bearing Folio No. S 0006285 (plus amount of unpaid dividend / unclaimed dividend, if any) held in the name of Late Sh. Suraj Bhan Gupta as well as other consequences relief as per law alongwith interest, if any in the name of the Late Sh. Suraj Bhan Gupta.

8. 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 18.07.2023 (NIHARIKA KUMAR SHARMA ) ACJ-CUM-CCJ-CUM-ARC (NORTH) ROHINI COURT, DELHI SCC No. 158/21 Gauri Shankar Gupta Vs. State Date of Judgment - 18.07.2023 Page No. 3/3