Delhi District Court
Dr. Kulbhushan Gangwani vs State (Govt. Of Nct Of Delhi) on 26 February, 2021
IN THE COURT OF SH. ROHIT GULIA,
ADMINISTRATIVE CIVIL JUDGE(SOUTH),
SAKET COURTS, NEW DELHI
SUCCESSION CASE NO. 65/2019
Dr. Kulbhushan Gangwani
S/o Late R.B. Gangwani
R/o House No. C-274/1,
Arjun Nagar near Safdarjung Enclave,
Delhi. ...... Petitioner
Vs.
1. State (Govt. of NCT of Delhi)
Through its Chief Secretary,
Delhi Secretariat, I.P. Estate,
Delhi.
2. Lilawati Gangwani
W/o Sh. Ramchand B. Gangwani
R/o House No. C-274/I,
Arjun Nagar near Safdarjung Enclave,
Delhi.
3. Asha Moolchandani
W/o Sh. Om Prakash Moolchandani
R/o Plot No. 204, 205 & 211,
Sector-21 near D Mart, Nerul East,
Navi Mumbai, District Thane,
Maharashtra.
Succ. petition No. 65/2019 "Dr. Kulbhushan Gangwani Vs. State (Govt. of NCT of Delhi) & Ors. "
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4. Rita Khetani
W/o Sh. Mahesh Khetani
R/o Mangharam Khetani Complex,
behind Jodhpur Hospital, Sector-E,
Shastri Nagar, Jodhpur, Rajasthan.
5. Pinki Khetani
W/o Sh. Kamlesh Khetani
R/o House No. 23-24, Khetani Bhawan,
Sindhi Colony, Jodhpur, Rajasthan.
6. Jyoti Dawar
W/o Dr. Kamal Kumar Dawar
R/o House No. 55A/I, Upper Ground Floor,
Arjun Nagar near Safdarjung Enclave,
Delhi.
7. HDFC Bank
Registered office at:-
HDFC Bank, HDFC House,
Senapati Bapat Marg, Mumbai.
8. Sterlite Technologies Ltd.
Through its Director
Registered office at:-
MIDC, Waluj, Industrial Area,
Aurangabad, Maharashtra.
9. Sterlite Power Transmission Ltd.
Through its Director
Registered office at:-
Godrej Millennium (4th Floor) 9,
Koregaon Road, Pune, Maharashtra.
10. JSW Steel Ltd.
Succ. petition No. 65/2019 "Dr. Kulbhushan Gangwani Vs. State (Govt. of NCT of Delhi) & Ors. "
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Through its Director
Registered office at:-
JSW Centre, Bandra Kurla Complex,
Bandra (East), Mumbai.
11. Jindal Poly Films Ltd.
Registered office at:-
19th Km, Hapur Road,
P.O. Gulaothi, District Bulandsahar,
Uttar Pradesh. .........Respondents
Application for grant of Succession Certificate U/S
372 of Indian Succession Act, 1925.
DATE OF INSTITUTION : 07.06.2019
DATE OF RESERVING ORDER : 24.02.2021
DATE OF PRONOUNCEMENT : 26.02.2021
JUDGMENT
1. Vide this judgment, I shall dispose of the present petition filed by petitioner Dr. Kulbhushan Gangwani for grant of succession certificate under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') in respect to debts/securities etc., of his deceased father Late R.B. Gangwani. The State as well as the other legal heirs of Late R.B. Gangwani have been impleaded as respondents.
Succ. petition No. 65/2019 "Dr. Kulbhushan Gangwani Vs. State (Govt. of NCT of Delhi) & Ors. "
Page 3/82. The facts relevant for disposal of the present petition are that the father of petitioner, Sh. R.B. Gangwani expired on 13.12.1996. The deceased Late R.B. Gangwani is survived by the petitioner (being son), his wife Smt. Lilawati Gangwani (respondent no. 2) as well as his four daughters, namely, Mrs. Asha Moolchandani (respondent no. 3), Mrs. Rita Khetani (respondent no. 4), Mrs. Pinki Khetani (respondent no. 5) and Mrs. Jyoti Dawar (respondent no. 6). Respondent no. 6 Mrs. Jyoti appeared before the Court and deposed on her behalf as well as on behalf of respondent no. 2 to 5 that they have no objection if the succession certificate qua the debts and securities of deceased Late R.B. Gangwani is issued in favour petitioner Sh. Kulbhushan Gangwani vide the Special Power of Attorney executed by respondent no. 2 to 5 in favour of respondent no. 6. It has been further stated on behalf of the petitioner that there is no impediment under the provision of the Act in the grant of succession certificate in favour of the petitioner in respect of the following:-
DEBTS AND SECURITIES OF DECEASED LATE R.B. GANGWANI Sr. No. Particulars Qty of shares Value of each share Total value of the as on 18.11.2020 shares
1. HDFC Bank Limited 1000 Rs. 1,409/- Rs. 14,09,000/-
2. Sterlite Technologies Limited 125 Rs. 147/- Rs. 18,375/-
3. Sterlite Power Transmission Limited 25 N.A. N.A.
4. JSW Steel Ltd. 130 Rs. 342.20 Rs. 44,486/-
5. Jindal Poly Films Limited 4 Rs. 488/- Rs. 1,952/-
Total Rs. 14,73,813/-
Succ. petition No. 65/2019 "Dr. Kulbhushan Gangwani Vs. State (Govt. of NCT of Delhi) & Ors. "Page 4/8
3. A notice of the petition was published in the daily newspapers "The Statesman" and "Veer Arjun" on 02.08.2019 and 06.08.2019 inviting objections on behalf of general public to the grant of succession certificate in favour of the applicant / petitioner, but none appeared on behalf of the public at large on the day of hearing fixed to contest / oppose or raise any objection to the grant of the succession certificate in favour of the applicant / petitioner.
4. Sh. Saket Pandey, Assistant Manager, Jindal Poly Films Ltd, Vasant Kunj, New Delhi appeared on behalf of respondent no.11/Jindal Poly Films. He filed on record the board resolution dated 14.08.2019 as well as reply / status of equity shares in the name of R B Gangwani bearing folio no.JPL0177181. The certified copy of same is Ex.P1.
5. Respondent no. 6 Ms Jyoti Dawar examined herself and deposed that she is also the Special Power of Attorney holder of respondent no. 2 to 5. Respondent no. 2 is her mother and respondent no. 3, 4 and 5 are her sisters. She further deposed that the deceased Late Ram Chand Budhomal Gangwani @ R B Gangwani was her father who expired on 13.12.1996. In all, they are four sisters and a brother. Petitioner herein is her sole brother. My grandmother Smt Vanak Bai already passed away on 17.07.1970.
She stated on her behalf as on behalf of respondent no. 2 to 5 that they have no objection if the succession certificate Succ. petition No. 65/2019 "Dr. Kulbhushan Gangwani Vs. State (Govt. of NCT of Delhi) & Ors. "Page 5/8
qua debts and security of deceased Late Sh. R B Gangwani is issued in favour of petitioner vide the Special Power of Attorney executed by respondent no. 2 to 5 in favour of respondent no. 6. The same are Ex.R2 to Ex.R5. She placed on record the copy of her aadhar card as Ex.R6 (OSR).
6. Sh. Rajendra Prasad, Officer, Karvy Fintech Pvt. Ltd. New Delhi House, Barakhamba Road, New Delhi appeared on behalf of respondent no. 8 and 9. He deposed that they are Registrar and Share Transfer Agent of Sterlite Technologies Ltd (STL) and Sterlite Power Transmission Ltd (SPTL). He filed on record the report dated 21.10.2019 in the capacity of RTA of STL and SPTL. As per report, there are 125 shares of STL Mand 25 shares of SPTL in the name of R B Gangwani bearing Folio no. R60059 and SPE0000686 respectively. The certified copy of report is Ex.R8.
7. Petitioner Dr. Kulbhushan Gangwani examined himself as PW1. He tendered his affidavit as Ex.PW1/A. He corroborated the contents of Ex.PW1/A and relied upon the documents Ex.PW1/1, Ex.PW1/2, Ex.PW1/3 to Ex.PW1/9 (OSR) .
8. I have heard the arguments on behalf of the petitioner and gone through the entire material available on record.
9. From the perusal of the testimony of petitioner and all the documents tendered into evidence and relied upon by him, it is clear from Ex.PW1/3 that Sh. R.B. Gangwani expired on Succ. petition No. 65/2019 "Dr. Kulbhushan Gangwani Vs. State (Govt. of NCT of Delhi) & Ors. "
Page 6/813.12.1996. Perusal of record reveals that besides the petitioner, there are four other legal heirs of deceased Late R.B. Gangwani i.e. respondent no. 2 to 6. Perusal of record further reveals that respondent no. 2 to 6 have given their no objection, if the succession certificate qua the debts and securities of deceased Late R.B. Gangwani is issued in favour petitioner Sh. Kulbhushan Gangwani. vide the Special Power of Attorney executed by respondent no. 2 to 5 in favour of respondent no. 6.
10. The aforesaid claim of the petitioner has gone un- rebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of the petitioner. There is also no impediment under section 370 of the Act to grant of Succession Certificate with respect to debts/securities as mentioned above. Therefore, I deem it fit to allow the petition. Accordingly, the petition is hereby allowed.
11. In view of above, I hold that the petitioner Sh. Kulbhushan Gangwani is entitled for the grant of Succession Certificate under section 373 of the Act in respect of debts and securities.
12. Accordingly, Succession Certificate be issued to petitioner Sh. Kulbhushan Gangwani on filing of court fee as prescribed in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an indemnity and surety bond in the like amount for the value of debts and securities as detailed in the petition as on the date of filing of petition. Succ. petition No. 65/2019 "Dr. Kulbhushan Gangwani Vs. State (Govt. of NCT of Delhi) & Ors. "
Page 7/813 File be consigned to Record Room.
Announced in open court (ROHIT GULIA)
on 26.02.2021 Administrative Civil Judge (South),
Saket Courts, New Delhi
Succ. petition No. 65/2019 "Dr. Kulbhushan Gangwani Vs. State (Govt. of NCT of Delhi) & Ors. "
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