Delhi District Court
Gurvinder Singh Sawhney vs State Of Nct Of Delhi on 15 May, 2024
IN THE COURT OF Ms. NAINA GUPTA
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
South-East, Saket Courts, Delhi
DLSE030014672018
Succ. Court/109/2018
GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF
DELHI
1. Gurvinder Singh Sawhney
S/o Late Sh. Harjinder Singh Sawhney,
R/o 2/21, 3rd Floor, Jungpura,
Opp. Kashmere Park, Bhogal,
New Delhi - 110014 ......... Petitioner
VERSUS
1. State of NCT of Delhi
To be served through The Collector,
Delhi Administration, Govt. of NCT of Delhi
2. Amarinder Singh
S/o Sh. Gurvinder Singh
Presently Residing at: 43, IInd Floor,
Masjid Lane, Bhogal, Jangpura, New Delhi
Also at: -
WZ-138A Gali Number 11,
New Mahavir Nagar, New Delhi
3. Management of Guru Harkrishan Public School,
Hemkunt Colony Branch, New Delhi,
Through its Chairman / Principal
____________________________________________________________________________________
Succ. Court/109/2018 Digitally signed
GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI
NAINA byGUPTA
NAINA
GUPTA Date: 2024.05.15
16:58:33 +0530 Page no. 1 of 16
4. Post Master,
Post Office, Jangpura,
New Delhi-110014
5. Life Insurance Company of India
Through its Chief Senior Branch Manager,
Branch Code no. 111, Connaught Place,
New Delhi-110001
6. Punjab & Sind Bank
Through its Chief/ Senior / Branch Manager,
Guru Harkrishan Public School,
India Gate Branch, Purana Quila Road,
New Delhi - 110001
7. Employee Provident Fund Office
Through its Additional Central
Provident Fund Commissioner,
8th Floor, Community Centre,
Wazirpur Industrial Area, New Delhi-110052
8. Prabh Singh Sawhney (Formerly a minor, now major)
S/o Sh. Gurvinder Singh Sawhney
R/o 43, IInd Floor, Masjid Lane, Bhogal,
Jangpura, New Delhi ....... Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
1. Date of Institution of Petition : 27.07.2018
2. Arguments heard on : 09.05.2024
3. Date of Judgment : 15.05.2024
4. Decision : Petition Allowed
JUDGMENT
1. This Judgment shall dispose of this petition filed by petitioner for grant of succession certificate in his favour qua the debt and securities in the name of late Smt. Baljeet Kaur.
____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:58:44 +0530 Page no. 2 of 16 Initially petition was filed by Mr. Gurvinder Singh Sawhney (petitioner no. 1) alongwith Mr. Prabh Singh Sawhney, his minor son (now respondent no.8). Later after attaining majority Mr. Prabh Singh Sawhney filed application U/o 32 Rule 12 CPC which was allowed, and he was transposed as respondent no.8 in the present case vide order dt. 25.04.2022.
2. In the petition, it is inter-alia pleaded that late Smt. Baljeet Kaur was wife of petitioner and mother respondent no.2 & 8 who passed away on 10.07.2017. 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 prior to marrying the petitioner, deceased was married to Mr. Daljit Singh and a son namely Amarinder Singh (respondent no.2) was born out of the wedlock. Their marriage was dissolved on 19.01.2000 after divorce and thereafter deceased married petitioner Mr. Gurvinder Singh Sawhney and a son namely Mr. Prabh Singh Sawhney (respondent no. 8) was born to them.
3. It is pleaded that deceased had executed a registered Adoption Deed dt. 25.10.2001 in favour of petitioner whereby respondent no.2 was adopted by petitioner Mr. Gurvinder Singh Sawhney. Petitioner and respondent no.2 & 8 are the Class-I legal heirs of the deceased. Succession certificate is sought regarding LIC policy, National Saving Certificate with Post Office, PPF, Gratuity account and vehicles owned by the deceased. During proceedings of trial, on 09.05.2024 vide separate statement of Ld. counsel for petitioner, relief qua ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:58:53 +0530 Page no. 3 of 16 vehicles was dropped.
Reply/ objections of respondent no.2 & 8
4. Respondent no.2 & 8 have contested the matter and filed their separate objections before this court. Both have raised similar objections. The respondents stated that petitioner has not filed the succession with respect to the entire debts and securities left by the deceased. The petitioner has not given any details of the loans and debts of the deceased. It is contended that the petitioner has been illegally withdrawing amounts from the bank account of the deceased without information to the respondents. It is stated that no details of the amount withdrawn by the petitioner have been given in the petition. The petitioner has withdrawn Rs. 4,00,000/- from the Punjab and Sindh Bank account of their mother. It is stated that respondent no. 2 is the nominee in some of the fixed deposits and therefore he is solely entitled to receive the said amount.
5. It is submitted that the balance in the Post Office account is towards the funds received by the deceased after she got divorced from her first husband for maintenance of Sh. Amarinder Singh respondent no.2 and therefore the petitioner has no right to claim the said amount.
6. It is submitted that no LIC policy was ever availed by the deceased and the petitioner has obtained LIC pension plan policy using fake signature of the deceased when she was paralyzed in November 2016.
____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:59:01 +0530 Page no. 4 of 16
7. The respondent no. 2 being nominee of the deceased in the some of the bank accounts of the deceased has received the money and the same has been adjusted towards car loan availed by the deceased. Respondent no. 2 has also been paying home loan installment and education loan installments from money received from the bank account of the deceased being registered nominee. Further, it is alleged that the petitioner has not given details of money received by him after the death of Smt. Baljeet Kaur. It is contended that the petitioner does not want to contribute any money towards the loans availed by the deceased and is staking 50% share in all the securities and movable assets of the deceased.
8. Respondent no. 2 has raised additional objections that the petitioner never looked after and maintained respondent no. 8 who was a minor at the time of death of their mother and it was respondent no.2 who has been taking care of respondent no. 8 after the death of their mother. The petitioner has failed to make any payment towards education charges of both respondent no. 2 and 8. The petitioner has been illegally obtaining benefit from the school in the name of respondent no. 8 being minor. It is submitted that respondent no. 2 is the nominee of the bank accounts and therefore the petitioner is not entitled to any succession certificate. It has been reiterated that petitioner has no right over the money received by the deceased towards maintenance of respondent no. 2 from his biological father namely Mr. Daljit Singh. It is alleged that petitioner has illegally ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:59:09 +0530 Page no. 5 of 16 grabbed money lying in the bank accounts of the deceased. It is contended that petition is not maintainable as petitioner has not approached the court with clean hands and suppressed the material facts from the court.
9. Respondent no. 8 has stated that he has no objection if the succession certificate is jointly granted in favour of the assets as claimed by the petitioner.
Proceedings before the Court
10. 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 "Rashtriya Sahara" on 23.08.2018.
11. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 14 witnesses were examined on behalf of the petitioner.
12. In his testimony, PW-1 Mr. Gurvinder Singh Sawhney tendered his affidavit Ex.PW-1/A and relied upon documents i.e. Ex. PW-1/1 (OSR) (copy of aadhar card of petitioner), Ex. PW- 1/2 (OSR) (copy of judgment and decree dt. 19.01.2000), Ex. PW-1/3 (OSR) (adoption deed dt. 25.10.2001), Mark PW-1/4 (copy of aadhar card of Master Prabh Singh), Ex. PW-1/5 (death certificate of the deceased namely Baljeet Kaur), Ex. PW-1/6 (Schedule A), Ex. PW-1/7 (Schedule B), Ex. PW-1/8 (statement of account bearing no.09021000053877), Ex. PW-1/9 (OSR) (copy of policy bonds no.117852885), Mark PW-1/10 (copy of ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:59:18 +0530 Page no. 6 of 16 policy bonds 117840743), Ex. PW-1/11 (summary of PF accounts), Ex.PW-1/12 (OSR) & Ex. PW-1/13 (OSR) (registration certificate of vehicles bearing no. DL 3S DB 9262 & DL 8CY 8321), Ex. PW-1/14 (loan account statement of account bearing no. 03441200087735) and Ex. PW-1/15 (loan account statement for loan account bearing no. 03441200072735).
13. During his testimony, RW-1 Sh. Rajesh Kumar, Public Relation Inspector (PRI) (P), presently posted at: Lajpat Nagar Branch, New Delhi-24, deposed that he has appeared on behalf of respondent no. 4 vide authority letter Ex. RW-1/A. As per record, the deceased Baljeet Kaur is having eight accounts with their office having total balance of Rs.95,465/-. RW-1 proved the said record as Ex. RW-1/B.
14. During his testimony, RW-2 Sh. Avtar Singh, UDC, from Guru Harkrishan Public School, New Delhi, deposed that he has appeared on behalf of respondent no. 3 School vide authority letter Ex. RW-2/A. As per record, an amount of Rs. 10,32,713/- is payable to LRs of deceased Baljeet Kaur. RW-2 proved the said record as Ex. RW-2/B.
15. During his testimony, RW-3 Sh. Ram Kishore, Assistant Administrative Officer (AAO), LIC of India, Connaught Place, New Delhi, deposed that as per record, an amount of Rs.8,83,276/- with respect to Policy no.117840743 (subject to investigation of death claims and submission of all required ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:59:28 +0530 Page no. 7 of 16 documents) and an amount of Rs.6,900/- (yearly annuity payable to spouse) against Policy no.117852885 are payable to the legal heirs of deceased. The annuity amount of Rs.6,900/- shall be released as and when directs and no investigation or formalities are required regarding the same.
16. During his testimony, RW-4 Sh. Naveen Saroha S/o Sh.
Mahender Singh R/o H.no. 1224/25, Village Kalupur, District Sonepat, Haryana, deposed that he has appeared on behalf of respondent no. 7 Employee Provident Fund Office and produced record with respect to accounts bearing no. DL-17449/11, DL- 11256/369 and DL-12974/301. As per office record, the total amount payable to the legal heirs of the deceased qua the above mentioned account is Rs. 95,901/-, Rs. 47,383/- and Rs.26,976/- respectively. RW-4 proved the records of above mentioned accounts as Ex. RW-4/A, Ex. RW-4/B and Ex. RW-4/C respectively. (witness was not cross-examined despite opportunity given).
17. During his testimony, RW-5 Sh. Vikas Malik S/o Sh. Prem Singh R/o H1/6162, 1st Floor, Sector-11, Rohini, Delhi, deposed that he has appeared on behalf of respondent no. 7 Employee Provident Fund Office and produced record with respect to accounts bearing no. DL-6368/593. As per office record, the total amount payable to the legal heirs of the deceased qua the above mentioned account is Rs.1,89,593/-. RW-5 proved the record of above mentioned account as Ex. RW-5/A and Form-9 revised as Ex.RW-5/A (OSR). (witness was not cross-examined ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:59:36 +0530 Page no. 8 of 16 despite opportunity given).
18. During his testimony, RW-6 Sh. Kumar Mukesh Nandan S/o Sh. Ram Nandan Prasad R/o C-1/43, Ankur Vihar, Ghaziabad, U.P., deposed that he has appeared on behalf of respondent no. 7 Employee Provident Fund Office and produced record with respect to accounts bearing no. DL/JMD/27251/200. As per office record, the total amount payable to the legal heirs of the deceased qua the above mentioned account is Rs.20,464/-. RW-6 proved the record of above mentioned account as Ex. RW- 6/A. (witness was not cross-examined despite opportunity given).
19. During his testimony, RW-7 Sh. Nek Ahmad S/o Mohd.
Sadique, R/o C-3, Sewak Park, Uttam Nagar, New Delhi-59, deposed that he has appeared on behalf of respondent no. 7 Employee Provident Fund Office and produced record with respect to accounts bearing no. DL-15801/319. As per office record, the total amount payable to the legal heirs of the deceased qua the above mentioned account is Rs.2,46,483/-. RW-7 marked the record of above mentioned account as Mark RW7/A. (witness was not cross-examined despite opportunity given).
20. During his testimony, RW-8 Sh. Sunil Kumar S/o Sh.
Chandra Prakash, R/o 24F, Pocket A3, Mayur Vihar, Phase-III, New Delhi-96, deposed that he has appeared on behalf of respondent no. 7 Employee Provident Fund Office and produced ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:59:47 +0530 Page no. 9 of 16 record with respect to accounts bearing no. DL-9480/277 and DL-9480/476. As per office record, the total amount payable to the legal heirs of the deceased qua the above mentioned account is Rs.8,141/- and Rs. 4,841/- respectively. RW-8 proved the record of above mentioned account as Ex. RW-8/A and Ex. RW- 8/B respectively. (witness was not cross-examined despite opportunity given).
21. During his testimony, RW-9 Sh. Manohar Lal Kaim, Section Supervisor, EPFO, Sec 23, Dwarka, (South Delhi), New Delhi, produced statement of account/ledger bearing no.DSNHP0015801000000031 in the name of deceased Baljeet Kaur w/o Gurvinder Singh having credit total balance of Rs.2,98,345/- (the break up of which is as Rs.2,04,802/- and Rs.63,002/- as PF and Rs.30541/- as EPS). RW-9 proved the said statement as Ex. RW-9/A (Colly) (running into 07 pages).
22. During his testimony, RW-9A Sh. Avtar Singh (wrongly mentioned as RW-9), UDC, GHPS, Hemkunt Colony Branch, New Delhi, produced the total summary of death/retirement benefits of deceased employee namely Smt. Baljeet Kaur and deposed that the total retirement benefit are Rs.10,32,713/-. RW- 9 proved his authority letter as Ex.RW9/A and summary of death/retirement benefits as Ex.RW9/B. He further deposed that the amount as stated in Ex.RW9/B is due to the deceased as on today.
23. During his testimony, RW-10 Mr. Raja Mandal, Dealing ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 16:59:59 +0530 Page no. 10 of 16 Assistant, SDM Office, Defence Colony, New Delhi, produced legal heir report of deceased late Smt. Baljeet Kaur and proved the same as Ex.RW-10/A.
24. During her testimony, RW-11 Ms. Soma Uday, Manager, Punjab & Sindh Bank, Guru Harkrishan Public School, India Gate Branch, Purana Quila Road, New Delhi-110001, produced the details pertaining to the bank account no. 09021000053877 in the name of Ms. Baljeet Kaur and deposed that the current balance in the aforesaid account is Rs.0/- as the account stands closed. RW-11 proved his report as Ex. RW-11/A.
25. During trial on 09.05.2024, vide separate statement of Ld. counsel for petitioner, relief qua vehicles bearing no.DL- 3SDB9262 and DL-8CY8321 Ex. PW-1/12 & Ex. PW-1/13 respectively, were dropped.
26. I have perused the record and the testimonies of the witnesses. I have also heard the counsels for the parties.
27. Perusal of legal heir report of deceased Ex.RW1/10 shows that Mr. Gurvinder Singh Sawhney (petitioner, husband), Mr. Amarinder Singh (respondent no.3, son) and Mr. Prabh Singh Sawhney (respondent no.8, son) are the Class-I legal heirs of Late Smt. Baljeet Kaur.
28. So far as the objections of respondent no.2 & 8 are concerned there is no dispute that deceased has expired, the ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 17:00:09 +0530 Page no. 11 of 16 petitioner and respondent no.2 & 8 are her legal heirs and the deceased had worked with respondent no.3 and held accounts with respondent no.4 to 7. The only objection raised to the succession petition is that the petitioner has usurped/ illegally withdrawn money from the bank accounts of the deceased after her death. This cannot be ground for rejection of succession petition filed on behalf of petitioner. The respondents may initiate separate proceedings before the proper forum regarding the same.
29. Second objection that has been raised is that the petitioner has not filed succession petition with respect to all the debts and securities left by the deceased. This is also no valid ground for rejection of the petition. The petitioner may seek succession of debts and securities within his knowledge. Respondents have also not named any debts and securities which have been left by the deceased. Respondent no. 2 has referred to some jewellery items for which petitioner has not sought succession, however, jewellery items are neither debts nor securities and therefore not a subject matter of the present petition. The respondents may initiate separate proceedings regarding the jewellery items or other assets, if any, within their knowledge.
30. Third objection raised by the respondents is that National Saving Certificate in the post office account of the deceased were towards the amount transferred by Mr. Daljit Singh biological father of respondent no. 2 towards maintenance of respondent no.2. The respondents have not filed any documents ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 17:00:17 +0530 Page no. 12 of 16 in support of this submission.
31. It is settled law that proceedings in a succession petition are summary in nature and court does not decide right, title or interest in the property concerned. During proceedings the court must only see whether there is any impediment in grant of succession certificate. In the facts of the present case, the petitioner and respondent no. 2 & 8 are the Class-I legal heirs of the deceased being husband and sons and are entitled to share in the assets of the deceased.
32. Fourth objection raised is that the respondent no. 2 is a nominee in some of the bank accounts qua which succession is being sought. The purpose of nomination is for valid discharge of the money lying in the bank account. When a succession petition is filed, succession petition shall supersede nomination. Reliance has been placed upon Hon'ble Supreme Court of India in the case of Shipra Sengupta Vs. Mridul Sengupta 2009 10 SCC 680. In this case the mother of the deceased was a nominee and the wife of the deceased had filed a succession petition. It was held that despite nomination in favour of the mother the wife was entitled to succession in her favour. The court gave 50% share to both mother and wife being Class-I legal heirs. It was held that the amount can be received by the nominee, but the amount can be claimed by heirs of the deceased in accordance with law of succession governing them. The nominee does not get any beneficiary interest in the money. In view thereof, it is held that there is no merit in the objections ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 17:00:26 +0530 Page no. 13 of 16 raised by respondent no. 2 and 8 and the same are not an impediment to grant of succession in favour of the petitioner.
33. Further, no one (apart from respondent no.3 & 4) came forward to oppose issuance of succession certificate despite publication in newspaper.
34. In view of the above discussion and the Legal Heir Report Ex.RW-10/A showing petitioner and respondent no. 2 & 8 as the Class-I legal heirs of the deceased, it is hereby ordered that succession certificate be issued in favour of petitioner Mr. Gurvinder Singh Sawheny, respondent no.2 Mr. Amarinder Singh and respondent no. 8 Mr. Prabh Singh Sawhney having 1/3rd share each for the debts and securities of Late Smt. Baljeet Kaur which are as follows:
S. Name of the Name School/ Account No. Amount no. account Bank/ Department holder 1 Smt. Baljeet Guru Harkrishan Employee Rs.10,32,713/- as Kaur Public School, New per Ex.RW-2/B Delhi 2 Smt. Baljeet LIC of India Policy no.
Kaur Connaught Place 117840743 Rs.8,83,276/-
Branch
117852885 Rs.6,900/- yearly
annuity payable
to spouse
3 Smt. Baljeet EPFO DL-17499/11 Rs.95,901/- as
Kaur per Ex. RW-4/A
DL-11256/369 Rs.47,383/- as
____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 17:00:34 +0530 Page no. 14 of 16 per Ex. RW-4/B DL-12974/301 Rs.26,976/- as per Ex. RW-4/C 4 Smt. Baljeet EPFO DL-6368/593 Rs.1,89,593/- as Kaur per Ex. RW-5/A 5 Smt. Baljeet EPFO DL/JMD/27251/2 Rs.20,464/- as Kaur 00 per Ex. RW-6/A 6 Smt. Baljeet EPFO DL-15801/319 Rs.2,46,483/- as Kaur per Mark RW7/A 7 Smt. Baljeet EPFO DL-9480/277 Rs.8,141/- as per Kaur Ex. RW-8/A DL-9480/476 Rs.8,141/- as per Ex. RW-8/B 8 Smt. Baljeet EPFO DSNHP0015801 Rs. 2,98,345/- as Kaur 0000000319 per Ex. RW-9/A 9 Smt. Baljeet Punjab & Sindh 09021000053877 Nil as per Ex.
Kaur Bank RW11/A
10 Smt. Baljeet Post Office National Saving Total= Rs. 95,466
Kaur Certificate
no.38EF 334084-
334088, 43EF
716253, 43EF
716254 and
00DE 211982
Total = Rs.29,59,782/-
35. The succession certificate shall be considered only as an entitlement of the petitioner and respondent no. 2 & 8 to receive the amount (with applicable interest till date, if any) due towards late Late Smt. Baljeet Kaur as referred above. The succession certificate shall not be considered as a direction to concerned ____________________________________________________________________________________ Succ. Court/109/2018 NAINA Digitally signed by NAINA GUPTA GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI GUPTA Date: 2024.05.15 17:00:42 +0530 Page no. 15 of 16 bank/official to transfer the aforesaid amount to petitioner. The concerned bank/official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
36. Upon filing of requisite Court fees of Rs.59,195.64 (to be paid by petitioner and respondent no. 2 & 8 in 1/3rd each) and indemnity bond by petitioner and respondent no.2 & 8, succession certificate be issued.
37. File be consigned to Record Room after due compliance as per law.
NAINA Digitally signed by NAINA GUPTA Announced in open Court GUPTA Date: 2024.05.15 17:00:49 +0530 on 15th May, 2024 (NAINA GUPTA) ACJ-cum-CCJ-cum-ARC (South - East) Saket Courts, New Delhi ____________________________________________________________________________________ Succ. Court/109/2018 GURVINDER SINGH SAWHNEY Vs. STATE OF NCT OF DELHI Page no. 16 of 16