Delhi District Court
Shilpa Gupta vs State Of Nct Of Delhi on 2 December, 2024
IN THE COURT OF Ms. TARUNPREET KAUR
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
South-East, Saket Courts, Delhi
Succ. Court/39/2020
Shilpa Gupta Vs. State (NCT of Delhi) & Ors
Shilpa Gupta
W/o Sh. Jai Gupta
R/o 231, RPS DDA Flats, Sheikh Sarai, Phase I,
Delhi-110017
...petitioner
Versus
1. State of NCT of Delhi
2. Smt. Namrata Menon
W/o Late Sh. Raman Menon
R/o C-2/33, DDA Flats, East of Kailash,
New Delhi-65
3. TSR Darashaw Ltd.
(Unit SKF Ltd.)
6-10, Haji Moosa Patrawala Industrial Estate,
20, Dr. E Moses Road, New Famous Studio,
Mahalaxmi, Mumbai-400011
4. Ultra Tech Cement Ltd.
B Wing, Ahura Centre, 2nd Floor,
Mahakali Caves Road, Andheri East,
Mumbai-400093
Succ Court 39/20 Shilpa Gupta Vs. State of NCT & Ors Page No. 1 of 9
5. Larsen & Toubro Ltd.
L&T House, Ballard Estate,
Mumbai-400001
6. Reliance Petroleum Ltd.
Village Motikhavdi, P.O Digvijay Gram,
Distt. Jamnagar, Gujarat-361140
7. Reliance Industries Ltd.
3rd Floor, Maker Chambers IV,
Mumbai-400021
8. Karvy Computershare Pvt. Ltd.
(Unit Reliance Industries Ltd.)
Karvy Selenium Towers B, Plot 31-32,
Survey No. 116/22, 115/24, 115/25,
Gachibowli, Financial District,
Nanakramguda, Hyderabad-500032
9. Indian Carbon Ltd.
Temple Chambers, 4th Floor,
6, Old Post Office Street, Kolkata-700001
10. Woolcombers of India Ltd.
18, Netaji Subhash Road,
Kolkata, West Bengal-700001
11. M/s Asiatic Oxygen Ltd.
8, BBD BAG East,
Kolkata-700001
12. National Board Ltd.
Panikhaiti, Guwahati,
Assam-781026
13. Investor Education & Protection Fund (IEPF) Authority,
Ground Floor, Jeevan Vihar Building,
3, Sansad Marg,
New Delhi-110001
...respondents
Succ Court 39/20 Shilpa Gupta Vs. State of NCT & Ors Page No. 2 of 9
PETITION FOR GRANT OF SUCCESSION
CERTIFICATE UNDER SECTION 372 OF THE INDIAN
SUCCESSION ACT, 1925
1. Date of Institution of Petition : 22.07.2020
2. Arguments heard on : 02.12.2024
3. Date of Judgment : 02.12.2024
4. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, the present petition filed by petitioner Smt. Shilpa Gupta for grant of succession certificate in her favour qua the debt and securities in the name of Late Sh. Jinandar Kumar Jain with the bank/company concerned in the form of balance credits, shall be disposed of.
2. In the petition, it is inter-alia pleaded that Late Sh.
Jinandar Kumar Jain, who passed away intestate on 21.07.2002, was the father of the petitioner and respondent no.2. It is pleaded that at the time of his death, the deceased was ordinarily residing within the territorial jurisdiction of this Court. It is further pleaded that the deceased has left behind only the petitioner and respondent no.2 as his Class-I legal heirs.
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3. The record of the Court file reflects that the general notice of this petition was given to public by way of publication in the newspapers "Veer Arjun" on 19.01.2021 and "The Statesmen" on 19.01.2021. In response to the said notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 04 witnesses were examined.
5. Through her testimony, PW-1 Smt. Shilpa Gupta tendered her evidence by way of affidavit Ex.PW-1/1 and she relied upon documents which are as following :-
(i) Ex.PW1/A (OSR), copy of death certificate of her deceased father namely Sh. Jinandar Kumar Jain @ J.K Jain;
(ii) Ex.PW1/B (OSR), copy of death certificate of her deceased mother i.e. Late Smt. Uma Jain;
(iii) Ex.PW1/C (OSR), copy of Election ID card of deceased;
(iv) Ex.PW1/D (OSR), copy of Ration card in name of deceased;
(v) Ex.PW1/E (OSR), copy of her Election ID Card;
(vi) Ex.PW1/F (OSR), copy of her PAN Card;
(vii) Ex.PW1/G (OSR), copy of her Aadhar card;
(viii) Ex.PW1/H (OSR), copy of name change certificate of petitioner;
(ix) Ex.PW1/I, copy of amended petition.
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6. In his testimony, RW-1 Sh. Kuldeep, Dealing Asst., SDM Office, Defence Colony, New Delhi, produced the Legal heir report of deceased Late Sh. Jinander Kumar Jain @ J.K Jain. The said report is Ex. RW-1/A.
7. Further, RW-2 Smt. Namrata Menon deposed that petitioner is her sister and that she does not have any objection if succession certificate is issued in favour of the petitioner. Her No Objection affidavit is Ex.RW2/A.
8. RW-4 Sh. Dharmender Pokhriyal, AR for K.Fin Technologies, RTA of Reliance, L&T and Ultra Tech Cement, Barakhamba Road, New Delhi brought the details pertaining to the shares of Late Sh. Jinander Kumar Jain. The details are as following :
S. Name of Name of the Folio no. No. Amount Remark N share holder/ company of o. investor share 1 Sh.Jinandar Larsen & 1078206 450 Rs.9,65,047.5 Toubro Ltd. 6 0 as on Kumar Jain 01.02.2023 2 Sh.Jinandar Ultra Tech 1078206 40 Rs.2,85,152/- Transferr Cement 6 as on ed to Kumar Jain 01.02.2023 IEPF on 30.11.201 7 3 Sh.Jinandar Reliance 0313112 352 Rs.8,23,000/- Transferr Industries Ltd. 33 as on ed to Kumar Jain Succ Court 39/20 Shilpa Gupta Vs. State of NCT & Ors Page No. 5 of 9 01.02.2023 IEPF on 08.12.201 7 4 Sh.Jinandar Reliance 0008320 88 Rs.110/- 2017 Communicati 90 Kumar Jain on Ltd.
5 Sh.Jinandar Reliance 1005019 4 Rs.0/- 2017 Capital Ltd. 37 Kumar Jain 6 Sh.Jinandar Reliance 1005019 6 Rs.1071.60/- 2017 Infrastructure 37 Kumar Jain Ltd.
7 Sh.Jinandar Reliance 1005019 4 Rs.0/- 2017 Home Finance 37 Kumar Jain Ltd.
8 Sh.Jinandar Reliance 2000832 22 Rs.364.10/- 2017
Power Ltd. 090
Kumar Jain
The report of RW-4 is Ex.RW4/A (colly).
9. Further, during the trial in the present matter, an affidavit had been filed on behalf of the petitioner with respect to share price of SKF India Ltd. as on 11.09.2024. It has been further stated in the said affidavit that 320 shares of SKF India Ltd.
bearing Folio no. KFJ0051243 are having total value of Rs. 16,93,000/- as on 11.09.2024.
10. Furthermore, relief regarding respondent no. 10,11 & 12 had been dropped by the petitioner vide statement of counsel for petitioner recorded to that effect on 02.05.2023.
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11. The entire record as well as the testimonies of the witnesses have been perused.
12. Perusal of legal heir report Ex.RW-1/A shows that Smt. Shilpa Gupta (petitioner, daughter) & Smt. Namrata Menon (respondent no. 2, daughter) are the only legal heir of Late Sh Jinander Kumar Jain @ J.K Jain. Further, no one came forward to oppose issuance of succession certificate despite publication in newspapers.
13. In view of Legal Heirs report, it is hereby ordered that succession certificate be issued in favour of Smt. Shilpa Gupta for the debts and securities of Late Sh. Jinander Kumar Jain @ J.K Jain which are as follows:
S. Name of Name of the Folio no. Amount payable N share holder company o.
1 Sh.Jinandar Larsen & 10782066 Rs.9,65,047.50/-
Toubro Ltd.
Kumar Jain 2 Sh.Jinandar Ultra Tech 10782066 Rs.2,85,152/-
Cement Kumar Jain 3 Sh.Jinandar Reliance 031311233 Rs.8,23,000/-
Industries Ltd.
Kumar Jain 4 Sh.Jinandar Reliance 000832090 Rs.110/-
Communicati Kumar Jain on Ltd.
5 Sh.Jinandar Reliance 100501937 Rs.0/-
Capital Ltd.
Kumar Jain Succ Court 39/20 Shilpa Gupta Vs. State of NCT & Ors Page No. 7 of 9 6 Sh.Jinandar Reliance 100501937 Rs.1071.60/-
Infrastructure Kumar Jain Ltd.
7 Sh.Jinandar Reliance 100501937 Rs.0/-
Home Finance Kumar Jain Ltd.
8 Sh.Jinandar Reliance 2000832090 Rs.364.10/-
Power Ltd.
Kumar Jain 9 Sh. Jinandar SKF India KFJ0 Rs. 16,93,000/-
Ltd.
Kumar Jain 0512
43
Total Rs. 37,67,745.2/-
14. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount (with applicable interest till date, if any) due towards Late Sh. Jinander Kumar Jain @ J.K Jain as referred above. The succession certificate shall not be considered as a direction to concerned bank/official to transfer the aforesaid amount to petitioner. The concerned bank/official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
15. Upon filing of requisite Court fees of Rs. 75,354.90 /-
and indemnity bond by petitioner, succession certificate be issued.
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16. File be consigned to Record Room after due compliance as per law.
Digitally signed by TARUNPREET TARUNPREET Announced in open Court KAUR KAUR Date: 2024.12.02 on 2nd of December 2024 14:46:08 +0530 (TARUNPREET KAUR) ACJ-cum-CCJ-cum-ARC,
South-East District, Saket Courts, New Delhi,02.12.2024 Succ Court 39/20 Shilpa Gupta Vs. State of NCT & Ors Page No. 9 of 9