(1) Krishna Suri vs (1) The State (Nct Of Delhi) on 8 May, 2019

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Delhi District Court

(1) Krishna Suri vs (1) The State (Nct Of Delhi) on 8 May, 2019

                       IN THE COURT OF HARVINDER SINGH,
                        ACJCCJARC, SHAHDARA DISTRICT,
                         KARKARDOOMA COURTS, DELHI.

                                                                          SC No.66/2018

(1)     Krishna Suri                                   ................Petitioner(s)
        W/o Late Sh. Dwarka Nath Suri
        R/o H. No.C7/13, Krishna Nagar,
        Delhi - 110 051.
                                       Versus

(1)     The State (NCT of Delhi)                       ................Respondent(s)

Through Sub Divisional Magistrate Nand Nagri, Delhi.

(2) Kamlesh Kohli W/o Sh. Subhash Kohli R/o H. No.588, Pocket8, Sector8, Rohini, Delhi.

(3)     Ramesh Mehta
        W/o Sh. Vipin Mehta
        R/o H. No.270/2, Gali No.4,
        Hari Nagar, Delhi.
(4)     Renu Bhasin
        W/o Sh. Kishore Bhasin
        R/o Nawal Kishor Road,
        Kadani Kuan, Patna.
(5)     Kavita Ghai
        W/o Sh. Ashok Ghai
        R/o H. No.37A, Palam Vihar,
        Ambala Cantt, Ambala, Haryana.
(6)     Monika Ghai
        W/o Sh. Ashwani Ghai
        R/o H. No.414, Modal Town,
        Jalandhar, Punjab - 144 003.
(7)     Devender Suri
        S/o Late Sh. Dwarka Nath Suri
        R/o H. No.C7/13, Krishna Nagar,
        Delhi - 110 051.

Krishna Suri Vs. The State etc.                 [08.05.2019]              Page No.1 of 13

PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925.

1. Date of Institution of Petition : 21.07.2018

2. Date of Judgment : 08.05.2019

3. Decision : Petition Allowed

1. Vide this judgment, this Court shall disposeoff petition filed by Krishna Suri for grant of succession certificate in her favour in respect of shares of deceased Late Sh. Dwarka Nath Suri which are as follows :

(i) 150 Shares of Timken India Ltd. having Folio No.D032218 totaling of Rs.83,250/,

(ii) 15 Shares of Kirlosker Oil Engines Ltd. having Folio No.0051303 totaling of Rs.2,490/,

(iii) 600 Shares of Wockhardt Ltd. having Folio No.W0011174 totaling of Rs.2,35,800/,

(iv) 4 Shares of Reliance Capital Ltd. having Folio No.103114918 totaling of Rs.648/,

(v) 66 Shares of Venkey's (India) Ltd. having Folio No.VIL015722 totaling of Rs.1,37,478/,

(vi) 7 Shares of Reliance Infrastructure Ltd. having Folio No.10311491 totaling of Rs.931/,

(vii) 462 Shares of Pudumjee Paper Product Ltd. having Folio No.D0000740 totaling of Rs.7,854/,

(viii) 192 Shares of Reliance Industries Ltd. having Folio No.074658351 Krishna Suri Vs. The State etc. [08.05.2019] Page No.2 of 13 totaling of Rs.2,36,352/,

(ix) 2400 Shares of Vedanta Ltd. having Folio No.SGL121512 totaling of Rs.4,05,600/,

(x) 250 Shares of Pudumjee Pulp and Paper Ltd. having Folio No.D0000740 totaling of Rs.4,750/,

(xi) 7 Shares of Reliance Infrastructure Ltd. having Folio No.00027537 totaling of Rs.931/,

(xii) 1040 Shares of JSW Ltd. having Folio No.JSW0025010 totaling of Rs.2,97,440/,

(xiii) 40 Shares of Reliance Power Ltd. having Folio No.200761559 totaling of Rs.440/,

(xiv) 50 Shares of Varun Shipping Company Ltd. having Folio No.VS180688 totaling of Rs.42.50/,

(xv) 1800 Shares of Godrej Consumer Product Ltd. having Folio No.0322290 totaling of Rs.12,00,600/, (xvi) 500 Shares of Sterlite Technologies Ltd. having Folio No.D23814 totaling of Rs.1,22,500/, (xvii) 50 Shares of Escorts Ltd. having Folio No.ESC0359651 and Warrant No.1302450 totaling of Rs.32,700/, (xviii) 100 Shares of IFCI Ltd. having Folio No.01208657 totaling of Rs.1,200/, (xix) 4 Shares of Jindal Poly Films Ltd. having Folio No.JPL0176795 totaling Krishna Suri Vs. The State etc. [08.05.2019] Page No.3 of 13 of Rs.984/, (xx) 765 Shares of ITC Ltd. having Folio No.19/62146 totaling of Rs.2,09,610/ and ;

(xxi) 200 Shares of Carol Info Service Ltd. totaling of Rs.32,400/.

2. In petition, it is interalia pleaded that petitioner is the wife of Late Sh. Dwarka Nath Suri who had expired on 02.09.2003 and at the time of his death, Late Sh. Dwarka Nath Suri was ordinarily residing within the territorial jurisdiction of this Court and his securities are also situated in jurisdiction of Court. Petitioner has also averred that she is the wife of deceased Late Sh. Dwarka Nath Suri and there are six other legal heirs of deceased Late Sh. Sh. Dwarka Nath Suri excluding the petitioner namely Smt. Kamlesh Kohli, Ramesh Mehta, Renu Bhasin, Kavita Ghai, Monika Ghai and Sh. Devender Suri.

3. The record of Court file reflects that the notice of this petition was given to the general public by way of publication in the newspaper 'Veer Arjun' on 23.01.2019. In response to notice, no person from the general public come forward to make any objection(s) qua grant of succession certificate to the petitioner.

4. During summary proceedings as per Section 373 of The Indian Succession Act, 1925, eight persons were examined, PW1 Smt. Krishna Suri, RW1 Sh. Shyam Pal, RW2 Smt. Kamlesh Kohli, RW3 Ramesh Mehta, RW4 Renu Bhasin, RW5 Kavita Ghai, RW6 Monika Ghai and RW7 Sh. Devender Suri. PETITIONER'S EVIDENCE

5. During the testimony of petitioner, PW1 Smt. Krishna Suri has deposed Krishna Suri Vs. The State etc. [08.05.2019] Page No.4 of 13 in line with petition. In support of her testimony, PW1 relied upon documents (a) death certificate of deceased Sh. Dwarka Nath Suri Ex.PW1/1, (b) Aadhar card of petitioner Ex.PW1/2, (c) Photocopy of PAN card of petitioner mark 'B' and (d) details of share of deceased mark 'A' with certificate(s) mark 'A'. RESPONDENT'S EVIDENCE

6. During her testimony, RW1 Sh. Shyam Pal, Kanoongo from SDM Office, Vivek Vihar, Delhi deposed that Late Sh. Dwarka Nath Suri (husband of petitioner) R/o H. No.7/13, Krishna Nagar, Delhi - 110 051 expired on 02.09.2003 and has left behind after his death seven legal heirs namely Smt. Krishna Suri (wife), Smt. Kamlesh Kohli (daughter), Smt. Ramesh Mehta (daughter), Smt. Renu Bhasin (daughter), Smt. Kavita Ghai (daughter), Smt. Monika Ghai (daughter) and Sh. Devender Suri (son), reply of Executive Magistrate (Vivek Vihar), Shahdara, Delhi being Ex.RW1/1 and his ID Proof being Ex.RW1/2.

7. During her testimony, RW2 Kamlesh Kohli has deposed that she is daughter of Late Sh. Dwarka Nath Suri, she does not have any objection if the succession certificate in regard to debts and securities is granted in favour of petitioner Smt. Krishna Suri and her affidavitcumno objection qua same being Ex.RW2/A. She has placed her ID proof as Ex.RW2/B (OSR) on record.

8. During her testimony, RW3 Ramesh Mehta has deposed that she is daughter of Late Sh. Dwarka Nath Suri, she does not have any objection if the succession certificate in regard to debts and securities is granted in favour of petitioner Smt. Krishna Suri and her affidavitcumno objection qua same being Ex.RW2/A. Krishna Suri Vs. The State etc. [08.05.2019] Page No.5 of 13 She has placed her ID proof as Ex.RW3/A (OSR) on record.

9. During her testimony, RW4 Renu Bhasin has deposed that she is daughter of Late Sh. Dwarka Nath Suri, she does not have any objection if the succession certificate in regard to debts and securities is granted in favour of petitioner Smt. Krishna Suri and her affidavitcumno objection qua same being Ex.RW2/A. She has placed her ID proof as Ex.RW4/A (OSR) on record.

10. During her testimony, RW5 Kavita Ghai has deposed that she is daughter of Late Sh. Dwarka Nath Suri, she does not have any objection if the succession certificate in regard to debts and securities is granted in favour of petitioner Smt. Krishna Suri and her affidavitcumno objection qua same being Ex.RW2/A. She has placed her ID proof as Ex.RW5/A (OSR) on record.

11. During her testimony, RW6 Monika Ghai has deposed that she is daughter of Late Sh. Dwarka Nath Suri, she does not have any objection if the succession certificate in regard to debts and securities is granted in favour of petitioner Smt. Krishna Suri and her affidavitcumno objection qua same being Ex.RW2/A. She has placed her ID proof as Ex.RW6/A (OSR) on record.

12. During her testimony, RW7 Devender Suri has deposed that he is son of Late Sh. Dwarka Nath Suri, he does not have any objection if the succession certificate in regard to debts and securities is granted in favour of petitioner Smt. Krishna Suri and his affidavitcumno objection qua same being Ex.RW2/A. He has placed his ID proof as Ex.RW7/A (OSR) on record.

13. I have heard Ld. Counsel for the petitioner and he had referred to the Krishna Suri Vs. The State etc. [08.05.2019] Page No.6 of 13 testimonies of PW1 Smt. Krishna Suri, RW1 Sh. Shyam Pal, RW2 Smt. Kamlesh Kohli, RW3 Ramesh Mehta, RW4 Renu Bhasin, RW5 Kavita Ghai, RW6 Monika Ghai and RW7 Sh. Devender Suri. It is submitted that they are sufficient to conclude that the petitioner side is entitled to grant of succession certificate in favour of petitioner in respect of shares as per their list Mark 'A'.

14. I have considered the submissions made by Ld. counsel for petitioner and I have also perused the records of Court file. The testimonies of PW1 Smt. Krishna Suri, RW1 Sh. Shyam Pal, RW2 Smt. Kamlesh Kohli, RW3 Ramesh Mehta, RW4 Renu Bhasin, RW5 Kavita Ghai, RW6 Monika Ghai and RW7 Sh. Devender Suri show that Smt. Krishna Suri is the wife of Late Sh. Dwarka Nath Suri and as there is no other legal heir(s) of Late Sh. Dwarka Nath Suri except petitioner and respondents no.02 to 07 because no one came forward to oppose succession petition despite publication in newspaper. Death certificate of Late Sh. Dwarka Nath Suri has also been produced in Court by petitioner and as per witnesses, deceased Sh. Dwarka Nath Suri has shares as per their list Mark 'A'. However, it is noted that share certificate(s) of all shares as per their in their list Mark 'A' are not on record. Hence, in totality of circumstances, succession petition needs to be allowed only qua shares of which share certificate(s) has/have been produced/shown, therefore, succession certificate be issued in favour of petitioner Smt. Krishna Suri in respect of shares as follows :

(i) 50 Shares of Timken India Ltd. having Folio No.D032218 and Distinctive No.42605963 to 42606012 (having market value Rs.577/ per share as per list submitted on 29.03.2019), Krishna Suri Vs. The State etc. [08.05.2019] Page No.7 of 13

(ii) 10 Shares of Kirlosker Oil Engines Ltd. having Folio No.0051303 and Distinctive No.100439256 to 100439265 (having market value Rs.177.50/ per share as per list submitted on 29.03.2019),

(iii) 300 Shares of Wockhardt Ltd. having Folio No.W0011174 and Distinctive No.93514748 to 93514947 & 12084276 to 12084375 (having market value Rs.424.50/ per share as per list submitted on 29.03.2019),

(iv) 4 Shares of Reliance Capital Ltd. having Folio No.103114918 and Distinctive No.0225444854 to 0225444854 (having market value Rs.184/ per share as per list submitted on 29.03.2019),

(v) 100 Shares of Venkey's (India) Ltd. having Folio No.VIL015722 and Distinctive No.0004622101 to 0004622200 [though it appears that inadvertently they are mentioned as 66 shares in list Mark 'A'] (having market value Rs.2,245/ per share as per list submitted on 29.03.2019),

(vi) 300 Shares of Pudumjee Paper Product Ltd. having Folio No.D0000740 and Distinctive No.0003451551 to 0003451600 & 0000136231 to 0000136480 (having market value Rs.18.15/ per share as per list submitted on 29.03.2019),

(vii) 364 Shares of Reliance Industries Ltd. having Folio No.074658351 and Distinctive No.001241337390 to 001241337399, 001619877338 to 001619877373, 002187636201 to 002187636296, 006855855893 to 006855856084, 394523260 to 394523264 & 394523235 to 394523259 [though it appears that inadvertently they are mentioned as 192 shares in list Mark 'A'] (having market value Rs.1,358.30/ per share as per list submitted on 29.03.2019), Krishna Suri Vs. The State etc. [08.05.2019] Page No.8 of 13

(viii) 1040 Shares of JSW Ltd. having Folio No.JSW0025010 and Distinctive No.2382256821 to 2382256860 and 2382307141 to 2382308140 (having market value Rs.288/ per share as per list submitted on 29.03.2019),

(ix) 24 Shares of Reliance Power Ltd. having Folio No.200761559 and Distinctive No.2397414781 to 2397414804 (having market value Rs.10.84/ per share as per list submitted on 29.03.2019),

(x) 50 Shares of Varun Shipping Company Ltd. having Folio No.VS180688 and Distinctive No.11554647 to 11554696 (having market value Rs.9.76/ per share as per list submitted on 29.03.2019),

(xi) 1200 Shares of Godrej Consumer Product Ltd. having Folio No.0322290 and Distinctive No.66322713 to 66323312 and 740530114 to 740530713 (having market value Rs.698.25/ per share as per list submitted on 29.03.2019),

(xii) 500 Shares of Sterlite Technologies Ltd. having Folio No.D23814 and Distinctive No.0156143719 to 0156143968 (having market value Rs.224.95/ per share as per list submitted on 29.03.2019),

(xiii) 50 Shares of Escorts Ltd. having Folio No.ESC0359651 and Warrant No.1302450 (having market value Rs.808.70/ per share as per list submitted on 29.03.2019),

(xiv) 100 Shares of IFCI Ltd. having Folio No.01208657 and Distinctive No.0329481409 to 0329481508 (having market value Rs.13.64/ per share as per list submitted on 29.03.2019),

(xv) 4 Shares of Jindal Poly Films Ltd. having Folio No.JPL0176795 and Krishna Suri Vs. The State etc. [08.05.2019] Page No.9 of 13 Distinctive No.0051120500 to 00511205503 (having market value Rs.245.20/ per share as per list submitted on 29.03.2019) and ;

(xvi) 510 Shares of ITC Ltd. having Folio No.19/62146 and Distinctive No.3913144363 to 3913144617 and 8106938306 to 8106938560 (having market value Rs.297.60/ per share as per list submitted on 29.03.2019).

15. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards Late Sh. Dwarka Nath Suri in respect of following shares :

(i) 50 Shares of Timken India Ltd. having Folio No.D032218 and Distinctive No.42605963 to 42606012 (having market value Rs.577/ per share as per list submitted on 29.03.2019),

(ii) 10 Shares of Kirlosker Oil Engines Ltd. having Folio No.0051303 and Distinctive No.100439256 to 100439265 (having market value Rs.177.50/ per share as per list submitted on 29.03.2019),

(iv) 4 Shares of Reliance Capital Ltd. having Folio No.103114918 and Distinctive No.0225444854 to 0225444854 (having market value Rs.184/ per share as per list submitted on 29.03.2019),

(v) 100 Shares of Venkey's (India) Ltd. having Folio No.VIL015722 and Distinctive No.0004622101 to 0004622200 [though it appears that inadvertently they Krishna Suri Vs. The State etc. [08.05.2019] Page No.10 of 13 are mentioned as 66 shares in list Mark 'A'] (having market value Rs.2,245/ per share as per list submitted on 29.03.2019),

(ix) 24 Shares of Reliance Power Ltd. having Folio No.200761559 and Distinctive No.2397414781 to 2397414804 (having market value Rs.10.84/ per share as per list submitted on 29.03.2019),

(x) 50 Shares of Varun Shipping Company Ltd. having Folio No.VS180688 and Distinctive No.11554647 to 11554696 (having market value Rs.9.76/ per share as per list submitted on 29.03.2019),

(xi) 1200 Shares of Godrej Consumer Product Ltd. having Folio No.0322290 and Distinctive No.66322713 to 66323312 and 740530114 to 740530713 (having Krishna Suri Vs. The State etc. [08.05.2019] Page No.11 of 13 market value Rs.698.25/ per share as per list submitted on 29.03.2019),

(xii) 500 Shares of Sterlite Technologies Ltd. having Folio No.D23814 and Distinctive No.0156143719 to 0156143968 (having market value Rs.224.95/ per share as per list submitted on 29.03.2019),

(xiii) 50 Shares of Escorts Ltd. having Folio No.ESC0359651 and Warrant No.1302450 (having market value Rs.808.70/ per share as per list submitted on 29.03.2019),

(xiv) 100 Shares of IFCI Ltd. having Folio No.01208657 and Distinctive No.0329481409 to 0329481508 (having market value Rs.13.64/ per share as per list submitted on 29.03.2019),

(xv) 4 Shares of Jindal Poly Films Ltd. having Folio No.JPL0176795 and Distinctive No.0051120500 to 00511205503 (having market value Rs.245.20/ per share as per list submitted on 29.03.2019) and ;

16. The succession certificate shall not be considered as a direction to the concerned officials/Manager of concerned office to release the aforesaid amount to the petitioner. The Manager of concerned office shall be competent to seek compliance of formalities, if any to be fulfilled by petitioner(s) for release of aforesaid amount. Upon filing of requisite Court fees and indemnity bond with surety bond by petitioner side, succession certificate be issued and thereafter, file be consigned to Record Room Krishna Suri Vs. The State etc. [08.05.2019] Page No.12 of 13 Digitally signed after due compliance as per law. by HARVINDER HARVINDER SINGH SINGH Date:

Announced in open Court                                  2019.05.09
on 08.05.2019.                                           16:29:49 +0530

                                                  (HARVINDER SINGH)
                                                  ACJCCJARC/Shahdara,
                                                   KKD/Delhi/08.05.2019




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(1) Krishna Suri vs (1) The State (Nct Of Delhi) on 8 May, 2019