Delhi District Court
Bharat Dhody vs State Of Nct Of Delhi on 24 July, 2024
IN THE COURT OF Ms. NAINA GUPTA
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
South-East, Saket Courts, Delhi
DLSE030014252022
Succ. Court/135/2022
BHARAT DHODY Vs. STATE OF NCT OF DELHI
1. Bharat Dhody
S/o Late Sh. Ranjeet Dhody
Residing at: C-56, Defence Colony,
New Delhi-110024
2. Aruna Gidwaney
D/o Late Cdr. Rameshwar Nath Batra
Residing at: C-379, Defence Colony,
New Delhi-110024
3. Smt. Indu Sethi
W/o Late Sh. Ranjit Sethi
Residing at: C-330, Defence Colony,
New Delhi-110024 .......PETITIONERS
VERSUS
1. State of NCT of Delhi
Through: SDM-Defence Colony,
District: South-East Delhi
Office Address:
Old Gargi College Building,
Lajpat Nagar-4, New Delhi-110068
2. Smt. Usha Batra
____________________________________________________________________________________
Succ. Court/135/2022
Digitally signed
BHARAT DHODY Vs. STATE OF NCT OF DELHI NAINA by NAINA Page no. 1 of 9
GUPTA
GUPTA Date: 2024.07.24
04:20:01 +0530
W/o Late Cdr. Rameshwar Nath Batra
Residing at:
C-379, Defence Colony,
New Delhi-110024
3. Smt. Mala Spaak
W/o Sh. Paul-Louis Spaak
Residing in: Belgium
4. Smt. Sheila Dhody
W/o Late Sh. Ranjeet Dhody
Residing at: C-62, Friends Colony,
East New Delhi-110065
5. Ms. Tarini Dhody
D/o Late Sh. Ranjeet Dhody
Residing at: C-56, Defence Colony,
New Delhi-110024 .......RESPONDENTS
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 10.06.2022
2. Arguments heard on : 05.06.2024
3. Date of Judgment : 24.07.2024
4. Decision : Petition Allowed
JUDGMENT
1. This Judgment shall dispose of a petition filed by petitioners for grant of succession certificate in their favour qua the debt and securities in the name of late Smt. Basant Kumari with Companies in the form of equity shares.
2. In the petition, it is inter-alia pleaded that late Smt. Basant ____________________________________________________________________________________ Succ. Court/135/2022 Digitally signed BHARAT DHODY Vs. STATE OF NCT OF DELHI NAINA by NAINA GUPTA Page no. 2 of 9 GUPTA Date: 2024.07.24 04:20:11 +0530 Kumari was Paternal Great-Grandmother of petitioner no.1, Maternal Grandmother of petitioner no.2 & 3, mother of respondent no.2, grand- mother of respondent no.3, grand-mother-in-law of respondent no.4 and great-grandmother of respondent no.5 who passed away on 30.01.1994. It is pleaded that at the time of her death, the deceased was ordinarily residing within the territorial jurisdiction of this Court. It is pleaded that now petitioner no.1 to 3 and respondent no. 2 to 5 are legal heirs of the deceased.
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 newspaper "Veer Arjun" on 17.09.2022 and in "The Statesman" on 20.09.2022 respectively. In response to the 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, 07 witnesses were examined.
5. In their testimonies, PW-1 Bharat Dhody and PW-2 Ms. Aruna Gidwaney tendered their joint evidence by way of affidavit Ex.PW-1/A and jointly relied upon documents i.e. Ex.PW-1/1 (OSR) (Copy of death certificate of the deceased namely Basant Kumari), Ex.PW-1/2 (OSR) (copy of death certificate of deceased Smt. Mohini Khanna), Ex.PW-1/3 (OSR) (copy of death certificate of deceased Hari Mohan Dhody), Mark A (copy of death certificate of deceased Smt. Indira Dhody), Ex.PW-1/4 (OSR) (copy of death certificate of ____________________________________________________________________________________ Succ. Court/135/2022 BHARAT DHODY Vs. STATE OF NCT OF DELHI NAINA Digitally signed by NAINA GUPTA 2024.07.24 Page no. 3 of 9 GUPTA Date:
04:20:23 +0530 deceased Sh. Ranjeet Dhody), Ex.PW-1/5 (relinquishment deed dt. 30.12.2021 between petitioner no.2 Aruna Gidwaney and respondent no.2 Usha Batra), Mark B ( copy of response dt. 17.08.2021 for Greaves Cotton Ltd.), Mark C (copy of response dt. 02.09.2021 for Nestle India Ltd.), Mark D (copy of response dt. 26.08.2021 for Phillips India Ltd), Mark E (copy of response dt. 31.10.2019 for Hindalco Industries Ltd.), Mark F (copy of response dt. 27.02.2020 for ITC ltd.), Mark G (copy of response dt. 03.12.2021 for Dalmia Bharat Ltd.), Mark H ((copy of response dt.17.11.2021 for Hindustan Everest Tools Ltd.), Mark I (copy of current share price of Greaves Cotton Ltd.
as depicted on National Stock Exchange on 01.06.2022 at 16:00 hrs), Mark J (copy of current share price of Nestle India Ltd. as depicted on National Stock Exchange on 01.06.2022 at 16:00 hrs), Mark K (copy of current share price of Phillips India Ltd. as depicted on National Stock Exchange on 01.06.2022 at 16:00 hrs), Mark L (copy of current share price of Hindalco Industries Ltd. as depicted on National Stock Exchange on 01.06.2022 at 16:00 hrs), Mark M (copy of current share price of ITC Ltd. as depicted on National Stock Exchange on 01.06.2022 at 16:00 hrs), Mark N (copy of current share price of Dalmia Bharat Ltd. as depicted on National Stock Exchange on 01.06.2022 at 16:00 hrs), Mark O (copy of current share price of Algoquant Fintech Ltd. as depicted on National Stock Exchange on 01.06.2022 at 16:00 hrs), Mark P (copy of loss report bearing LR no.407554/2022 dt. 16.05.2022), Mark Q (copy of loss report bearing LR no.406091/2022 dt. 17.05.2022), Mark R (copy of loss report bearing LR no.409118/2022 dt. 16.05.2022), Mark S (copy of loss report bearing LR no.406156/2022 dt. 16.05.2022), Mark T (copy of loss report bearing LR no.409287/2022 dt. 17.05.2022), Mark U (copy of loss report bearing LR no.409050/2022 dt. 17.05.2022), Ex.PW-1/6 (OSR) (copy of aadhar card of petitioner no.1), Ex.PW-1/7 (OSR) ____________________________________________________________________________________ Succ. Court/135/2022 BHARAT DHODY Vs. STATE OF NCT OF DELHI NAINA Digitally signed by NAINA GUPTA 2024.07.24 Page no. 4 of 9 GUPTA Date:
04:20:36 +0530 (copy of aadhar card of petitioner no.2), Ex.PW-1/8 (OSR) (copy of aadhar card of petitioner no.3) and Ex.PW-1/9 (Certificate U/s 65 B of Indian Evidence Act).
6. During his testimony, RW-1 Sh. Sanjay Sharma, Bailiff, SDM Office, Defence Colony, New Delhi produced legal heirs report of Smt. Basant Kumari and proved the same as Ex. RW-1/A.
7. During his testimony, RW-3 Mr. Dyaus Hridaya Singh, SPA Holder of respondent no.3 Smt. Mala Spaak, no.4 Smt. Sheila Dhody and no.5 Ms. Tarini Dhody, deposed that respondent no. 3 to 5 have no objection if the succession certificate is issued in the name of petitioners. RW-3 proved his SPA on behalf of respondent no.3 to 5 as Ex.RW-3/A, Ex. RW-3/B and Ex. RW-3/C respectively.
8. During his testimony, RW-6 Sh. Sagar Gupta, AR of Nestle India Ltd. O/o 100/101, World Trade Centre, Barakhamba Lane, New Delhi-01, produced the details pertaining to the shares bearing Folio no. D1761 in the name of Late Smt. Basant Kumari Dhody and deposed that the total number of equity shares held by deceased was 240. Currently all the above mentioned shares has been transferred IEPF Demat account. RW-6 report was Ex.RW6/A and his authority letter was Ex.RW-6/B.
9. During his testimony, RW-8 Sh. Vikas Pandey, AR of Kfin Technologies Ltd, RTA of Philips India Ltd. & Dalmia Bharat Ltd.
(formerly known as OCL India Ltd.) Office at 305, New Delhi House, 27, Barakhamba Road, Connaught Place, New Delhi 110001, has produced the details pertaining to Folio no.0401533 having total ____________________________________________________________________________________ Succ. Court/135/2022 BHARAT DHODY Vs. STATE OF NCT OF DELHI NAINA Digitally signed by NAINA GUPTA Page no. 5 of 9 Date: 2024.07.24 GUPTA 04:20:48 +0530 number of shares i.e. 53 with Philips India Ltd. in the name of late Smt. Basant Kumari Dhody. The face value of the aforesaid folio was Rs.530/-. He also brought the details pertaining to Folio no.007141 having total number of shares 400 with OCL India Limited in the name of late Smt. B K Dhody. The current value of the aforesaid folio was Rs.8,64,580/- as on 16.11.2023. RW-8 report was Ex.RW8/A & Ex.RW8/B.
10. During his testimony, RW-9 Sh. Vikas Pandey, AR for Kfin Technologies RTA for Greaves Cotton Ltd., Office address: 305, New Delhi House, Barakhambha Road, Connaught Place, New Delhi, produced the details pertaining to shares of Greaves Cotton Ltd. bearing Folio no.00000925 in the name of Basant Kumari Dhody and deposed that the total number of shares held by deceased was 375. The valuation of the aforesaid shares was Rs.59,025/- as on 12.01.2024. RW-9 proved his report as Ex.RW9/A (Colly) (3 pages).
11. During trial, on 17.11.2023, Ld. counsel for Hindalco Industries Ltd. was examined who deposed that Folio no. HE078256 in the name of late Smt. Basant Kumari had 2290 equity shares. Report was exhibited as Ex. RW7/A.
12. During trial, report was received from Nestle and ITC which were exhibited as Ex. R-24b & Ex. R-24e respectively. As per which deceased held 240 equity shares of Nestle and 6900 shares of ITC.
13. During trial report was received from Algoquant Fintech Ltd. as per which deceased held Folio no. B0035 having 735 shares. ____________________________________________________________________________________ Succ. Court/135/2022 BHARAT DHODY Vs. STATE OF NCT OF DELHI NAINA Digitally signed by NAINA GUPTA Date: 2024.07.24 Page no. 6 of 9 GUPTA 04:20:59 +0530
14. Ld. counsel for the petitioner has filed valuation report of the shares as on 01.06.2022.
15. I have perused the record and the testimonies of all the witnesses. I have also gone through the record.
16. Perusal of Legal Heir report Ex. RW-1/A shows that Mr.Bharat Dhody (petitioner, great-grandson), Ms. Aruna Gidwaney (petitioner no.2, grand-daughter), Ms. Indu Sethi (peitioner no.3, grand-daughter), Ms. Usha Batra (respondent no.2, daughter), Ms. Mala Louis Spaak (respondent no.3, grand-daughter), Ms. Sheila Dhody (respondent no. 4, grand-daughter in law), Ms. Tarini Dhody (respondent no.5, great-grand-daughter) and Mr. Arujn Gidwani (Grandson) as the legal heirs of late Smt. Basant Kumari Dhody. Further, no one came forward to oppose issuance of succession certificate despite publication in newspaper.
17. In view of Legal Heir report and NOCs given by respondent no. 3 to 5 in favour of petitioners and relinquishment deed Ex. PW-1/5 executed by respondent no. 2 in favour of petitioner no.2, it is hereby ordered that succession certificate be issued in favour of petitioner no.1 Bharat Dhody, petitioner no.2 Aruna Gidwaney and petitioner no.3 Indu Sethi having 1/3rd shares each for the debts and securities of late Smt. Basant Kumari Dhody which are as follows:
S. Name of share Name of Folio no. No. of Valuation as on no holder Company shares 01.06.2022 given by petitioner 1 Basant Greaves Cotton 00000925 375 Rs.1,15,84,544.75 Kumari Ltd.
____________________________________________________________________________________ Succ. Court/135/2022 BHARAT DHODY Vs. STATE OF NCT OF DELHI NAINA Digitally signed by NAINA GUPTA Page no. 7 of 9 Date: 2024.07.24 GUPTA 04:21:10 +0530 Dhody 2 Basant Nestle India D1761 240 Kumari Ltd.
Dhody
3 Basant Phillips India 0401533 53
Kumari Ltd.
Dhody
4 Basant Hindalco HE078256 2290
Kumari @ Industries Ltd.
Basant
Kumari
Dhody
5 Basant Dalmia Bharat 007141 400
Kumari Ltd. now
known as OCL
Dhody @ BK India Ltd.
Dhody
6 Basant Aloquant B0035 735
Kumari Fintech Ltd.
Dhody
7 Basant ITC Ltd. Account 20,700
Kumari no.
04/01828
Dhody
Total = Rs.1,15,84,544.75
18. The succession certificate shall be considered only as an entitlement of the petitioners to receive the amount (with applicable interest till date, if any) due towards late Smt. Basant Kumari Dhody as referred above. The succession certificate shall not be considered as a direction to concerned bank/official to transfer the aforesaid amount to ____________________________________________________________________________________ Succ. Court/135/2022 BHARAT DHODY Vs. STATE OF NCT OF DELHI NAINA Digitally signed by NAINA GUPTA Page no. 8 of 9 GUPTA Date: 2024.07.24 04:21:21 +0530 petitioner. The concerned bank/official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
19. Upon filing of requisite Court fees of Rs.2,31,690.89 and indemnity bond by petitioner, succession certificate be issued.
20. File be consigned to Record Room after due compliance as per law. Digitally signed by NAINA NAINA GUPTA GUPTA Date:
2024.07.24 Announced in open Court 04:21:27 +0530 on 24th July, 2024 (NAINA GUPTA) ACJ-cum-CCJ-cum-ARC (South - East) Saket Courts, New Delhi ____________________________________________________________________________________ Succ. Court/135/2022 BHARAT DHODY Vs. STATE OF NCT OF DELHI Page no. 9 of 9