Delhi High Court - Orders
Pradeep Goyal Deceased Thr. Lrs & Ors vs Smt Sarla Goyal Deceased Thr. Lrs & Ors on 28 January, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P. 9/2021 & CM Nos.2977-78/2021
PRADEEP GOYAL DECEASED THR. LRS & ORS. .....Petitioners
Through : Mr. B.P. Aggarwal, Adv.
versus
SMT SARLA GOYAL DECEASED THR. LRS & ORS.
.....Respondents
Through : Mr. S.C. Singhal, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 28.01.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM Nos.2977-78/2021
1. Allowed, subject to just exceptions.
C.R.P. 9/20212. Mr. B.P. Aggarwal, who appears on behalf of the petitioners, says that via the impugned order dated 23.10.2020, the trial court has erroneously dismissed the application filed by the petitioners, who are the original plaintiffs in the suit, preferred under Order XII Rule 6 of the Code of Civil Procedure, 1908 (in short „CPC‟).
3. According to Mr. Aggarwal, the contesting defendants i.e. legal representatives of defendant no. 2/deceased Sanjay Goyal have averred in their written statement that they have 1/4th share in the assets of the deceased i.e. Smt. Sarla Goyal.
C.R.P. 9/2021 page 1 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:30.01.2021 17:49:51 3.1 Mr. Aggarwal says that the petitioners are willing to suffer a decree to
the extent that the contesting parties have 1/4 th share in the assets of the deceased Smt. Sarla Goyal. For this purpose, Mr. Aggarwal has drawn my attention to Schedule „C‟ appended to the amended plaint which details out the assets of the deceased Smt. Sarla Goyal. [Schedule „C‟ is appended on page 113 of the paper book.] 3.2 A perusal of Schedule „C‟ would show that it adverts to movable assets comprising, inter alia, the shares, insurance policies, fixed assets, monies in saving bank accounts, etc. which were owned and/or held by the deceased Smt. Sarla Goyal, individually or jointly with her husband Late D.P. Goyal and Late Sanjay Goyal.
4. On the other hand, Mr. S.C. Singhal, who appears on behalf of the legal representatives of defendant no. 2, says that the said defendants have filed a counter-claim which is also required to be considered by the trial court.
4.1 According to Mr. Singhal, the petitioners/plaintiffs are required to render an account of those assets of the deceased Smt. Sarla Goyal which they have retained, acquired or sold unlawfully. 4.2 By way of an example, Mr. Singhal has drawn my attention to the written statement filed by the legal representatives of plaintiff no.1/deceased Pradeep Goyal to the counterclaim filed by the legal representatives of deceased defendant no. 2.
C.R.P. 9/2021 page 2 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:30.01.2021 17:49:51 4.3 In particular, my attention has been drawn to paragraph 7 of the said
written statement, wherein, it is averred that the demat account no. 10375684, which was held in the name of the deceased Smt. Sarla Goyal, has been transferred in the name of the deceased plaintiff no. 1/Pradeep Goyal as he was appointed as a nominee qua the said account.
5. Given these circumstances, Mr. Aggarwal is directed to file an affidavit with regard to the assets of the deceased Smt. Sarla Goyal. The affidavit will disclose the details concerning both, movable and immovable assets. The affidavit will also state if any assets were sold/transferred by the deceased Smt. Sarla Goyal in her lifetime and also the assets, if any, sold/transferred by the petitioners/plaintiffs after her death which are not detailed out in Schedule „C‟ appended to the amended plaint. 5.1 The aforementioned affidavit will be filed by Mr. Aggarwal within two weeks from today.
6. List the matter on 08.03.2021.
RAJIV SHAKDHER, J
JANUARY 28, 2021
aj
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C.R.P. 9/2021 page 3 of 3
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:30.01.2021
17:49:51