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Delhi District Court

Sh. Rajiv Rathi vs The State on 3 May, 2019

               : IN THE COURT OF SACHIN SANGWAN
             ADDITIONAL RENT CONTROLLER (SOUTH):
          COURT ROOM NO. 204, SAKET COURTS: NEW DELHI

SUCCESSION CASE NO. 58 /2017

               Sh. Rajiv Rathi,
               S/o Sh. Ram Chander Rathi
               R/o 25, Sadhna Enclave, New Delhi­17
                                                                        ......... Petitioner

Vs.
                    1. The State
                       Govt of NCT of Delhi

                    2. Smt. Ranjana Bai Somani,
                       W/o late Sh. Vinod Kumar Somani
                       D/o sh Ram Chander Rathi
                       R/o Flat No.5, FF, Bhartiya Bhawan,
                       72, Marine Drive, Mumbai­400020

                    3. ABB India Limited,
                       Through Managing Director/Principal Officer,
                       21st Floor, World Trade Centre,
                       Grigade Gateway No.26/1,
                       Dr. Raj Kumar Road, Malleshwaram West,
                       Bangluru­560055
                       Also at:­
                       ABB India Ltd.
                       Managing Director/Principal Officer,
                       Regional Office North,
                       14, Mathura Road, PO Amar Nagar,
                       Faridabad, Haryana­121003

                    4. Karvy Computershare Pvt Ltd.
                       Through Managing Director/Principal Officer,
                       Corporate Office - Karvy Selenimum,
                       Tower B, Plot No.31 & 32, Financial District,


Succession No. 58/2017           Rajiv Rathi Vs The State (NCT of Delhi) & Ors.      Page 1/6
                          Nankramguda, Gachibowli, Hyderabad, Telangana­500032
                         Regd. Office - Karvy House,
                         46 Avenue 4, Street No.1, Banjara Hills,
                         Hyderabad, Telangana­500034
                                                                ............Respondents

                  Application for grant of Succession Certificate U/S 372 of
                              Indian Succession Act, 1925.
                  DATE OF INSTITUTION     :                             01.08.2017
                  DATE OF RESERVING ORDER :                             01.04.2019
                  DATE OF PRONOUNCEMENT :                               03.05.2019

                                         JUDGMENT

1. Vide this judgment, I shall dispose off the petition (amended) filed by the petitioner Rajiv Rathi for the grant of a succession certificate under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as ' the Act') in respect to debt/securities etc., of Late Smt. Krishna Devi Rathi.

2. The facts relevant for the disposal of the present petition are that Smt. Krishna Devi Rathi, mother of the petitioner, expired on 24.02.2012. It has further been stated that deceased was having 125 shares of ABB India Ltd of face value of Rs.10 with respondent no.4/ABB India Limited, details of which are as mentioned in the petition is given below :­ Sr No Folio No. Certificate No. Distinctive No. No. of shares 1 K0001443 907770 8261354­1403 50 2 K0001443 908140 8261404­1420 17 3 K0001443 908290 8261421­1470 50 4 K0001443 907940 8261471­1478 08 Succession No. 58/2017 Rajiv Rathi Vs The State (NCT of Delhi) & Ors. Page 2/6

3. It is stated that later on, respondent no.3 vide its letter No.ABBN/30019AB dated 11.01.2016 informed the petitioner that they have reduced the face value of Rs.10/­ per share into face value of Rs.2/­ per share and the original share certificate of face value Rs.10/­ ceased to have validity.

4. Further, it is claimed that petitioner is one of the legal heir/ representative of deceased alongwith Sh. Ram Chander Rathi (husband of deceased/earlier arrayed as one of respondents, expired during the pendency of present proceedings on 15.08.2018) and respondent no.2 Smt. Ranjana Bai Somani (daughter of deceased). As per petitioner, there is no impediment under the provision of the Act in the grant of succession certificate in his favour.

5. A notice of the petition was published in the daily newspaper ''The Statesman" on 13.08.2017 respectively inviting objections on behalf of general public to the grant of succession certificate in favour of the applicant / petitioner, but none had appeared on behalf of the public at large on the day of hearing fixed to contest / oppose or raise any objection to the grant of the succession certificate in favour of the applicant / petitioner.

6. On 22.11.2017, WS­cum­No objection was filed on behalf of respondent Ram Chander Rathi (now deleted) by his counsel Mr. Sachin Verma mentioning therein that he has no objection if the petition of the petitioner is allowed.

7. Initially, memo of appearance was filed on behalf of respondent no.2 Smt Ranajan Bai Somani however, later on, despite service of fresh summons through speed post, none had appeared on behalf of respondent Succession No. 58/2017 Rajiv Rathi Vs The State (NCT of Delhi) & Ors. Page 3/6 no.2. Further, despite service of summons upon respondent no.3 & 4 i.e. ABB India Limited and Karvy Computershare Pvt Ltd, none had appeared on their behalf. Accordingly, other respondents in the matter were proceeded exparte.

8. The petitioner was examined as PW­1 who deposed on the lines of the facts as averred in his petition. He had relied upon the following documents:­

a) Ex.PW1/A is the death certificate of mother of petitioner

b) Ex.PW1/B (collectively - 04 pages) are correspondence with ABB India Ltd/respondent no.3 regarding the shares of deceased

c) Ex.PW1/C is the copy of dividend warrant (document is only a copy and marked as Mark A1)

d) Ex.PW1/D is the copy of NCR report regarding loss of original share certificate

e) Ex.PW1/E is the office copy of letter dated 26.05.2017 written to respondent Karvy Computer Shares

f) Ex.PW1/F is the print out in regard to market value of each shares of ABB India Limited as obtained from the internet

g) Ex.PW1/G is death certificate of Sh Ram Chander Rathi, father of deponent who passed away during the pendency of present petition

h) Ex.PW1/H is certificate under section 65B of Indian Evidence Act in regard to print out of share value and NCR report

9. The death certificate Ex.PW1/A reflects that deceased Smt. Krishna Devi Rathi expired on 24.02.2012. Further, death certificate Ex.PW1/G shows that Sh Ram Chander Rathi, husband of deceased expired on 15.08.2018 during the pendency of present matter. Further, plaintiff has relied upon document Ex.PW1/B (colly) i.e. correspondence done with Karvy Computershare qua Folio No.K0001443 which shows that Succession No. 58/2017 Rajiv Rathi Vs The State (NCT of Delhi) & Ors. Page 4/6 company has reduced the face value of Rs.10/­ per share into face value of Rs.2/­ per share and it was requested to petitioner to surrender the share certificates of 125 shares of face value of Rs.10/­ for sub­division of shares and on receipt of same, they will issue the new share certificate of face value of Rs.2/­. Petitioner has also filed the copy of dividend warrant showing 625 number of shares of respondent no.3 being held in the name of deceased as on 07.05.2015. Petitioner has further relied upon document Ex.PW1/D i.e. copy of NCR report regarding loss of original share certificate. Accordingly, petitioner has proved the existence of said securities of deceased despite non­production of the original share certificates.

10. PW1 in his evidence affidavit Ex.PW1/1 has disclosed the value of shares obtained from internet as Rs.1452/­ per share as on 11.07.2017. Print out Ex.PW1/F in regard to market value of each shares of ABB India Limited as obtained from the internet www.bseindia.com alongwith certificate Ex.PW1/H under section 65B of Indian Evidence Act has also been filed. Accordingly, total value of shares becomes Rs.1452/­ x 625 shares = Rs.9,07,500/­.

11. The aforesaid claim of the petitioner have gone un­rebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of the petitioner. There is also no impediment U/S 370 of the Act to grant of Succession Certificate with respect to debts/securities as mentioned above. Therefore, I deem it fit to allow the petition. Accordingly, the petition is hereby allowed.

12. In view of above, I hold that the petitioner Sh. Rajiv Rathi, S/o Sh Ram Chander Rathi is entitled for the grant of Succession Certificate U/S 372 of the Act in respect of debts and securities as mentioned above. It is however, clarified that rights and interest of legal heirs of deceased late Smt. Krishna Devi Rathi, inter­se, is not decided vide this order which is confined to issuance of succession certificate only.

13. Accordingly, Succession Certificate be issued to Sh. Rajiv Rathi, S/o Sh Ram Chander Rathi on filing of court fee as prescribed in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an Indemnity Bond with one surety in the like amount for the value of debts and securities as detailed herein above.

14. File be consigned to Record Room after completion of necessary formalities. Digitally signed by SACHIN SACHIN SANGWAN SANGWAN Date: 2019.05.03 15:31:07 +0530 Announced in the open court (Sachin Sangwan) on 03.05.2019 Administrative Civil Judge­cum­ Additional Rent Controller­cum­ Commercial Civil Judge: (South):

Saket District Courts: New Delhi Succession No. 58/2017 Rajiv Rathi Vs The State (NCT of Delhi) & Ors. Page 6/6