Delhi High Court - Orders
Petitioners/Applicants For ... vs State Govt Of Nct Delhi on 4 August, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 56/2021 & I.A. 8974/2021 (application filed by the
petitioners/applicants for appointment of administrator u/S 247 of
the Indian Succession Act, 1925 and for interim orders u/S 94 r/w
Section 151 CPC), I.A. 10602/2021 (application filed by the
petitioners/applicants u/S 151 CPC for appropriate directions),
I.A. 11261/2021 (application filed by the petitioners/applicants u/S
151 CPC for clarification/modification of order dated 24.08.2021),
I.A. 13714/2021 (application filed by the petitioners u/S 151 CPC
seeking permission to bring on record affidavits of NO
OBJECTION on behalf of ERs and beneficiaries), I.A. 5277/2022
(for bringing additional facts on record and for appropriate
directions), I.A. 5292/2022 (Directions)
UPASANA WAHI AND ORS & ORS. ..... Petitioners
Through: Mr. Mohit Kumar, Ms. Shweta Bharti
& Mr. Shantanu, Advocates with Ms.
Yashodara.
versus
STATE GOVT OF NCT DELHI ..... Respondent
Through: Ms. Rachita Garg, Advocate for R-3
to 7.
Mr. Sanjay Kr. Jha, Advocate for R-6
to 9.
Mr. Harshvardhan Jha, Ms.
Yugandhara Pawar Jha & Mr. Aman
Pathak, Advocates for beneficiaries
Mr. R.K. Sharma, Mr. Vikram
Sharma & Ms. Pooja Sharma No. 15.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 04.08.2022 Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:08.08.2022 15:53:16 TEST.CAS. 56/2021
1. Learned counsel on behalf of Shri R.K. Sharma submits that an affidavit dated 02nd March, 2022 was filed in the Court in compliance of the directions passed by this Court on 25th October, 2021. However, in the affidavit, only details about few personal mutual funds which have been redeemed, have been disclosed. Neither is there any complete disclosure about the amounts lying in the bank accounts of the deceased-Romila Wahi nor the details of the share of the deceased in the partnership firm, which was dissolved on after the demise of Ms. Romila Wahi, have been disclosed. Furthermore, the details are given as per the affidavit itself only in respect of some personal mutual funds account.
2. Learned counsel on behalf of Mr. R.K. Sharma submits that he shall submit a better affidavit containing complete details of all the assets of deceased-Romila Wahi of which Mr. R.K. Sharma has been nominated as the nominee.
3. Let the affidavit be filed within four weeks.
4. The affidavit discloses that a sum of Rs. 2,83,57,378/- has been redeemed from some of the personal mutual funds of Ms. Romila Wahi in August, 2021, which are presently in the account of Shri R.K. Sharma.
5. Learned counsel on behalf of Mr. R.K. Sharma submits that he shall deposit the entire amount forthwith with the Registrar General of this Court, who shall deposit the said amount in an interest bearing FDR.
6. List on 31st October, 2022 I.A. 12301/2022 (U/S 151 of CPC, 1908 for directions)
1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 on behalf of the petitioners seeking appointment of Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:08.08.2022 15:53:16 the Charted Accountant, Mr. Ashok Kumar for audit of the accounts of the partnership firm and for directions to Mr. R.K. Sharma and Mr. Vikram Sharma, partners of the firm to provide all the documents, including financial statement, audit books, balance sheets and such other documents.
2. Issue notice.
3. Learned counsels on behalf of the respondent Nos. 3 to 9 accept notice.
4. Notice be issued to remaining respondents as well as to counsel for the respondents through ordinary process and electronic mode.
5. Reply be filed within four weeks with the copy to opposite counsel.
6. List on 31st October, 2022.
NEENA BANSAL KRISHNA, J AUGUST 4, 2022 S.Sharma Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:08.08.2022 15:53:16