Delhi District Court
Chintamani Randhir Singh Jain vs State And Ors on 12 June, 2025
Digitally
signed by
MANSI
MANSI MALIK
MALIK Date:
2025.06.12
16:39:41
+0530
IN THE COURT OF MS. MANSI MALIK, ADMINISTRATIVE CIVIL
JUDGE/ADDITIONAL RENT CONTROLLER: NORTH-WEST
DISTRICT: ROHINI COURTS: DELHI.
Succ. Court 21/2019
CNR No. DLNW03-000364-2019
Date of Filing : 15.02.2019
Date of Judgment : 12.06.2025
Final Order : Petition allowed.
In the matter of:
1. Chintamani Randhir Singh Jain
S/o Late Sh. Randhir Singh Jain,
R/o 701, Nalanda Residency,
Opposite Jolly Residency, Vesu Main Road,
Surat, Gujarat-395007. ... Petitioner
VERSUS
1. The State
Through Govt. of NCT of Delhi & Ors.
2. Sh. Suryakant Randhir Singh Jain,
S/o Late Sh. Randhir Singh Jain,
R/o F-11/6, Model Town-II, Delhi-110009.
3. Sh. Chandra Kant Jain,
S/o Late Sh. Randhir Singh Jain,
R/o 903, Prayag Residency,
SG Highway, BH Grang Bhagwati,
Ahmedabad-380054.
4. Sh. Ashok Kanungo,
S/o Late Sh. Randhir Singh Jain,
R/o 10/A, Ratnakunj Apartment,
Ghoddod Road, Surat,
Gujarat-395007.
5. Bharat Bhushan Jain,
SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 1/14
Digitally
signed by
MANSI
MANSI MALIK
MALIK Date:
2025.06.12
16:39:45
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S/o Late Sh. Randhir Singh Jain,
R/o 23, Vasundhara Society,
Behind Big Bazar, Vesu,
Surat, Gujarat-395007.
6. Sh. Baldev Goyal S/o Late Sh. Randhir Singh Jain
R/o 605, Arihant Park Apartments,
Near Taj Gateway Hotel, Athwalines,
Surat, Gujarat-395007.
7. Ms. Premlata, W/o Late Sh. Prem Prakash
D/o Late Sh. Randhir Singh Jain
R/o B-3/39, Sector-16, Rohini, Delhi-110085.
8. Ms. Vimal Jain,
W/o Late Sh. Raghuvinder Singh Jain,
R/o A-54, Amaltas Apartment,
Near Wide Angle, Satellite,
Ahmedabad - 380015
9. Sh. Vinaye Jain,
S/o Late Sh. Raghuvinder Singh Jain,
R/o A-54, Amaltas Apartment,
Near Wide Angle, Satellite,
Ahmedabad - 380015.
10. Ms. Jyoti Poddar,
W/o Sh. Raman Poddar,
S/o Late Sh. Raghuvinder Singh Jain,
R/o 1-101, Iscon Platinum,
Near Bopal Cross Road,
Bopal, Ahmedabad - 380058
11. Ms. Deepti Bansal,
W/o Sh. Dinesh Bansal,
R/o 302, Solitaire, Opposite Umrigar School,
Umra, Surat, Gujarat 395007
SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 2/14
Digitally
signed by
MANSI
MANSI MALIK
MALIK Date:
2025.06.12
16:39:48
+0530
(The Respondent no. 2 to 11 also
through their SPA Holder, Sh. Kunal Chintamani Jain, S/o Sh. Chintamani Randhir Singh Jain R/o 701, Nalanda Residency. Vesu Main Road, Surat, Gujarat - 395007.))
12. DCM Shriram Ltd., (Formerly known as DCM Shriram Consolidated Ltd.), Through its Director/Concerned Officer, Regd. Office: Kanchenjunga Building, 6th Floor, 18, Barakhamba Road, New Delhi-110001.
13. DCM Shriram Industries Ltd., Through its Director/Concerned Officer, Regd. Office: Kanchenjunga Building, 6th Floor, 18, Barakhamba Road, New Delhi-110001.
14. DCM Ltd., Through its Director/Concerned Officer, 6th Floor, Vikrant Tower 4, Rajendra Place, New Delhi - 110008.
15. Mawana Sugars Limited, (Previously merged with Shriram Industrial Enterprises, Ltd. (SIEL Ltd.), Through its Director/Concerned Officer, Regd. Office: Kanchenjunga Building, 6th Floor, 18, Barakhamba Road, New Delhi - 110001.
16. Hindustan Motor Ltd., Through its Director/Concerned Officer, Birla Tower, 8th Floor, Barakhamba Road, New Delhi-110001. ... Respondents JUDGMENT ON PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925, seeking issuance of Succession SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 3/14 Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.06.12 16:39:51 +0530 Certificate with respect to equity shares and dividends left behind by the deceased father of the petitioner, Late Sh. Randhir Singh Jain @ Randhir Singh (hereinafter referred to as "deceased").
2. Petitioner no. 1 is the son, respondent no. 2 to 6 are the sons of the deceased, respondent no. 7 is the daughter of the deceased, respondent no. 8 is the wife of the pre-deceased son, respondent no. 9 is the son of the pre-deceased son, respondent no. 10 is the daughter of the pre-deceased son and respondent no. 11 is the daughter of the pre-deceased son. Respondent no. 2 to 11 are represented through their SPA holder namely Sh. Kunal Chintamani Jain. The deceased Late Sh. Randhir Singh Jain @ Randhir Singh had expired on 22.05.2003. The deceased is submitted to have been residing at A-1/100, Ekta Enclave, Sec-3, Rohini, Delhi before his death. It is stated that there is no impediment to the grant of succession certificate in favor of the petitioner under the Succession Act.
3. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Veer Arjun', Hindi edition dated 22.04.2019, to invite objections from the public at large to the grant of succession certificate to the petitioner but none appeared from general public to oppose or contest the present petition.
4. A report regarding LRs of deceased has also been received from the office of Tehsildar, Saraswati Vihar as per which Sh. Chintamani Randhir Singh Jain (son), Sh. Baldev Goyal (son), Bharat Bhushan SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 4/14 Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.06.12 16:39:55 +0530 Jain (son), Ashok Kanugo Jain (son), Suryakant Jain (son), Chanderkant Jain (son), Vinay Jain (grandson), Jyoti (grand- daughter), Dipti (grand-daughter), Akshay (grandson-daughter's son), Alka (grand daughter-daughter's daughter), Sangeeta (grand daughter-daughter's daughter) are the legal heirs of the deceased.
5. During the summary proceedings conducted as per Section 372 of the Indian Succession Act, 1925, 13 witnesses were examined.
6. PW-5/Chintamani Randhir Singh Jain tendered his evidence by way of affidavit Ex. PW-1/A testifying that he is the son of the deceased and that no Will was executed by his father in respect of his shares in question. He further testified that there are 12 legal heirs of the deceased i.e. petitioner and respondent no. 2 to 11. He further deposed that respondents no. 2 to 11 have given NOC in his favour. PW-1 relied upon the following documents:-
1. Photocopy of court notice dated 20.08.2018 in RFA No. 3270/2018 i.e. Ex. PW5/1 (OSR);
2. Share certificate issued by respective respondent companies i.e. Ex. PW5/2 (colly);
3. Copy of intimation letters of the respondent companies SIEL Ltd., DSCL Ltd. and mawana Sugars i.e. Ex. PW5/3 (OSR);
4. Copy of election ID card of deceased late Sh. Randheer Singh Jain i.e. Ex. PW5/4 (OSR);
5. Copy of election ID Card of his mother Ram Rakhi Devi i.e. Ex. PW5/5 (OSR);
6. Statement of account No. 629801074471 of ICICI Bank, Rohini, Delhi i.e. Ex. PW5/6 (colly page no. 2 to 7);SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 5/14
Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.06.12 16:39:58 +0530
7. Photocopy of speed post communication received from Union Bank Of India, Surat in his name i.e. Ex. PW5/7 (OSR);
8. Photocopy of cheque i.e. Ex. PW5/8 (OSR);
9. Photocopy of election ID Card of deponent i.e. Ex. PW5/9 (OSR);
10. Copy of Adhar Card of deponent i.e. Ex. PW5/10 (OSR);
11. Copy of PAN Card of deponent i.e. Ex. PW5/11 (OSR);
12. Copy of passport of deponent i.e. Ex. PW5/12 (OSR).
7. RW-2/Satish, Bailiff, SDM office, Sarawati Vihar, Delhi has placed on record the Legal Heir report with respect to deceased. As per the said report, Sh. Chintamani Randhir Singh Jain(son), Sh. Baldev Goyal(son), Bharat Bhushan(son), Ashok Kanugo Jain(son), Suryakant Jain(son), Chanderkant Jain(son), Vinay Jain(grandson), Jyoti(grand-daughter), Dipti(grand daughter), Akshay(grand son-daughter's son), Alka(grand daughter-daughter's daughter), Sangeeta (grand daughter-daughter's daughter) are the legal heirs of the deceased.
8. RW-1/Respondent no. 7/Prem Lata has filed her No Objection Certificate testifying that she has no objection if the succession certificate is issued in favor of the petitioner. RW-1 relied upon following documents :
1. Copy of her passbook of Savings Account i.e. Ex. RW1/1;
2. Death certificate of her father i.e. Ex. RW1/2;
3. Copy of Death certificate of her mother i.e. Mark RW1/3;
4. Copy of Death certificate of her brother Raghuvinder Singh Jain i.e. Mark RW1/4;
5. Copy of Death certificate of her brother Raghuvinder Singh Jain's wife Smt. Vimal Jain i.e. Mark RW1/5;SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 6/14
Digitally signed by MANSI MANSI Date:
MALIK MALIK 2025.06.12 16:40:01 +0530
6. Copy of SPA dated 21.01.2019 executed by her i.e. Ex. RW1/6;
7. The witness did not wish to rely on the affidavit/NOC of her Special Attorney Sh. Kunal Chintamani Jain mentioned in her affidavit as Ex. RW7/3;
8. Copy of her election ID Card i.e. Ex. RW1/7 (OSR);
9. RW-2/Respondent no. 2/Suryakant Randhir Singh Jain has filed his No Objection Certificate testifying that he has no objection if the succession certificate is issued in favor of the petitioner. He further stated that there are no other Class-I legal heirs of the deceased except him, the petitioner, respondents no. 3 to 7 as well as the legal heirs of his pre- deceased brother namely Raghuvinder Singh Jain i.e. respondent no. 8 to 11 as his mother has already expired in the year 2005. RW-1 relied upon documents which are already exhibited as Ex. RW1/1, Ex. RW1/2, Mark RW1/3, Mark RW1/4, Mark RW1/5, Ex. RW1/6. RW-2 also relied upon following documents :
1. SPA executed in favour of Mr. Kunal Ex. RW-2/1;
2. Copy of his passport i.e. Ex. RW2/2 (OSR);
10. Sh. Kunal Chintamasni Jain has been examined as RW-3. RW-3 stated that respondents no. 3, 4, 5, 6, 9, 10 and 11 have executed SPA's in his favour and that they have no objection if succession certificate is issued in favour of the Petitioner Chintamani Randhir Singh Jain in respect of the assets in question. RW-3 relied upon following documents :
1. NOC/Affidavit i.e. Ex. RW3/A.
2. SPA dated 26.12.2018 i.e. Ex. RW3/B.
3. NOC/Affidavit i.e. Ex. RW3/C.
4. SPA dated 19.12.2018 executed by respondent no. 4/ Mr. Ashok SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 7/14 Digitally signed by MANSI MANSI Date:
MALIK MALIK 2025.06.12 16:40:05 +0530 Kanungo i.e. Ex. RW3/D.
5. NOC/Affidavit i.e. Ex. RW3/E which bears my signatures at point A and B.
6. SPA dated 19.12.2018 executed by respondent no. 5/ Mr. Bharat Bhushan Jain i.e. Ex. RW3/F.
7. NOC/Affidavit i.e. Ex. RW3/G.
8. SPA dated 09.01.2019 executed by respondent no. 6/Mr. Baldev Goyal i.e. Ex. RW3/H.
9. NOC/Affidavit i.e. Ex. RW3/I.
10. SPA dated 27.12.2018 executed by respondent no. 9/ Mr. Vinaye Jain i.e. Ex. RW3/J.
11. NOC/Affidavit i.e. Ex. RW3/K.
12. SPA dated 27.12.2018 executed by respondent no. 10/Ms. Jyoti i.e. Ex. RW3/L.
13. NOC/Affidavit i.e. Ex. RW3/M.
14. SPA dated 19.12.2018 executed by respondent no. 11/Ms. Deepti i.e. Ex. RW3/N.
15. Copy of his Adhar Card i.e. Ex. RW3/0(OSR).
11. PW-1A/Mr. Kishori Prasad Kandwal, Accounts Executive from DCM Limited have brought the valuation report of total 479 shares of DCM Limited registered in the name of Mr. Randhir Singh, vide Folio No. R0007685 and the same is now Ex. PW1A/1 (05 pages). As per said report, valuation of the said shares as on 01.09.2023 is Rs. 38,200/- and unpaid dividend amount is Rs.7424.50/- for the years i.e. since year 2010- 11 to 2015-2016 as stated in the said report. PW-1A further stated that there is no nomination in respect of the said shares. PW-1A has also filed his Authority Letter Ex. PW-1A/2.SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 8/14
Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.06.12 16:40:08 +0530
12. PW-2A/Mr. Pawan Kumar Lakhotia, Deputy Manager from DCM Sri Ram Industries Ltd., has brought the valuation report of total 1740 shares of DCM Sri Ram Industries Ltd. registered in the name of Mr. Randhir Singh, vide Folio No. DCM195172 and DCM036973 which are Ex. PW2A/1 (02 pages). As per said report, valuation of the said shares as on 03.10.2023 is Rs.2,61,000/- and unpaid dividend amount is Rs.13,572/-
for the years i.e. since year 2012-13 to 2020-2021 as stated in the said report. PW-2A further stated that there is no nomination in respect of the said shares. PW-1A has also filed his Authority Letter Ex. PW-2A/2.
13. PW-3/Mr. Verander Shanker Singh, on behalf of Mawana Sugars Ltd. was examined has brought details of the shares pertaining to the deceased Randhir Singh who had claimed 446 shares of Mawana Sugars Ltd. The said report is Ex. PW-3/1. He has also placed on record valuation report of 446 shares of Mawana Sugars Ltd. registered in the name of Mr. Randhir Singh, vide Folio No. 36973, which is Ex. PW3/2 (03 pages). As per said report, valuation of the said shares as on 03.10.2023 is Rs. 50,844/-and unpaid dividend amount is Rs. 3,210/- for the years i.e. 2021, 2022 and 2023 as stated in the said report. PW-3 further stated that there is no nomination in respect of the said shares. PW-3 has also filed his Authority Letter i.e. Ex.PW3/3.
14. PW-1/Sh. S.N. Sharma, Manager (Legal) from DCM Ltd. Office Vikrant Tower, Rajindra Place, New Delhi has placed on record the details of the shares pertaining to the deceased Randhir Singh Jain @ Randhir Singh who had claimed 378 shares. At present, according to statement of the company the number of shares are 479 and the same have already been SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 9/14 Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.06.12 16:40:11 +0530 transferred by the company to the DEMAT Account of Investor Education & Protection Fund Authority on 14.09.2018. PW-1 has placed on record the said report i.e. Ex.PW1/1.
15. PW-2/Sh. Mahesh Chand Goel. Manager from DCM Shriram Industries Ltd. placed on record the details of the shares pertaining to the deceased Randhir Singh who had claimed 338 shares. PW-2 stated that according to statement of the company the number of shares are 348 (338 + 10) in two different folio i.e. DCM036973 and DCM195172 and the report stating the same is Ex.PW2/1.
16. PW-4/Sh. Madan Lal, Assistant (Legal), M/s. DCM Shriram Ltd. has placed on record the report regarding 5590 shares of M/s. DCM Shriram Ltd. under Folio No. 00036973 lying in the name of deceased Randhir Singh. The reply filed in this regard is Ex. PW4/1(Colly). PW-4 stated that some of the shares were issued in the name of M/s. DCM Shriram Consolidated Ltd., however, later the name of the company has been changed to M/s. DCM Shriram Ltd. vide notification no. GSR507(E) dt. 24.06.1985 vide SRN B96177894 dt. 21.02.2014. The details of the complete shares is mentioned at page no. 7 of the reply filed by the office. That in compliance of directions under notification no. GSR854(E) dt. 05.09.2016 issued of Ministry of Corporate Affairs the above said shares have been transferred under the custody of Investor Education & Protection Fund Authority. He has further placed on record details of unclaimed dividends (interim as well as final) transferred to IEPF on the shares of DCM Shriram Limited registered in the name of Randhir Singh of each year starting from year 2010-2011 to 2022-2023 except the years 2016-17 and 2017-18. It was stated that with respect to the year 2015-16, SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 10/14 Digitally signed by MANSI MANSI Date:
MALIK MALIK 2025.06.12 16:40:15 +0530 the first and second interim dividend has been transferred to IEPF while the final dividend is still with the company. The said report is Ex. PW4/2. PW-4 further stated that such amount needs to be claimed by the petitioner from the IEPF only. PW-4 has further brought the details of the unclaimed dividend lying deposited with the company in the name of Randhir Singh for the years 2015-16 (final dividend), 2016-17 and 2017-18 which is Ex. PW4/3.
17. RW-4/Sh. Shilendra Kumar Pathak, Assistant Manager, MCS Share Transfer Agent Ltd., RTA of DCM Shriram Ltd., has placed on record report/details of shares in the name of late Sh. Randhir Singh, which is Ex.
RW-4/1. The details of the assets are as follows :
Nature of the No. of shares Folio No. Total company approximate value as on 05.05.2025 DCM Shriram 5590 36973 55,90,000/-
Ltd.
It is stated that the aforesaid shares have been transferred to IEPF on 02.11.2018. RW-4 has also filed the authority letter authorizing him to appear in the present matter which is Ex. RW-4/2.
18. RW-5/Sh. Ashish Jha, Company Secretary, DCM Shriram Industries Ltd., has brought the report/details of shares in the name of late Sh. Randhir Singh which is Ex. RW-5/1(colly). The details of the assets are as follows :
Nature of the No. of shares Folio No. Total company approximate value as on 05.05.2025 SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 11/14 Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.06.12 16:40:18 +0530 DCM Shriram 1690 DCM036973 3,04,200/- Industries Ltd.
DCM Shriram 50 DCM195172 9,000/- Industries Ltd.
It is stated that the aforesaid shares have been transferred to IEPF. He has also filed the authority letter authorizing him to appear in the present matter which is Ex. RW-5/2.
19. Petitioner did not press upon issuance of succession certificate in respect of shares and dividends of respondent no. 16/Hindustan Motor Ltd. and respondent no. 3 was deleted from the array of parties vide order dt. 18.01.2025. No other witness was sought to be summoned or examined by the petitioner. Therefore, PE was closed and the matter was listed for final arguments.
20. Arguments heard. Record perused.
21. From the material on record, it stands proved that the deceased Late Sh. Randhir Singh Jain @ Randhir Singh had expired on 22.05.2003. The deceased is submitted to have been residing at A-1/100, Ekta Enclave, Sec-3, Rohini, Delhi, which confers the territorial jurisdiction upon this Court. As per LR report received from the office of Tehsildar, Saraswati Vihar, it is brought on record that the deceased left behind the LR's who have been impleaded as respondents in the present matter.
22. As per the reports filed by various witnesses, the details of assets in the name of deceased Sh. Randhir Singh Jain @ Randhir Singh has come on record. Succession certificate has been sought in favor of the petitioner SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 12/14 Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.06.12 16:40:21 +0530 and the remaining legal heirs of the deceased have already given their NOCs in favor of petitioner. Petitioner is otherwise also the Class-I legal heir of the deceased being the son of the deceased. No impediment has been brought on record in respect of grant of succession certificate in favor of the petitioner.
23. Considering the above, the petitioner is held entitled to Succession Certificate in respect of following equity shares and dividends, alongwith accrued interest, if any.
S. Company Name Folio No. No. of Paid up value
Dividend, if
No. shares in Rupees any
Dividend
Valuation of amount is
1 DCM Ltd Folio no. 449 share as on Rs.
R0007685 01.09.2023 is 7424.50/-
Rs. 38,200/- for the year
2010-11 to
2015-16
2 Mawana Sugars Folio no. 446 Rs. 50,844/- as Dividend
Limited 36973 on 03.10.2023 amount is
(Previously Rs. 3,210/-
merged with for the years
Shriram Industrial 2021 to
Enterprises, Ltd. 2023
(SIEL Ltd.)
3 DCM Shriram Folio no. 5590 Rs. 55,90,000/- N/A
Ltd. 00036973 as on
05.05.2025
Folio no. 1690 Rs. 3,04,200/- N/A
DCM Shriram DCM036973 as on
4
Industries Ltd. 05.05.2025
Folio no. 50 Rs. 9,000/- as N/A
DCM195172 on 05.05.2025
24. The succession certificate be issued in favor of the petitioner Sh.
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MANSI
MANSI MALIK
MALIK Date:
2025.06.12
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Chintamani Randhir Singh Jain on furnishing of an Indemnity Bond of the same value with one surety of like amount each within one month from today. Petitioner to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
25. It is clarified, that succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards Late Sh. Randhir Singh @ Randhir from concerned Bank(s)/company so as to discharge the debtor(s) and the same shall not entitle the petitioner to any other estate, movable or immovable assets of the deceased. It is further clarified that the present certificate is also not a declaration of the title of the petitioner to the assets of the deceased.
26. File be consigned to Record Room after due compliance.
Announced in an Open Court. (Mansi Malik) ACJ/ARC/North-West District Rohini District Court/Delhi 12.06.2025 SCC No. 21/2019 Chintamani Randhir Singh Jain Vs. State Page No. 14/14