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Sbi Capital Markets Ltd vs Ms. Sumita Sandhu & Ors on 10 September, 2020

Author: Mukta Gupta

Bench: Mukta Gupta

                                      $~11
                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +     CS(COMM) 365/2020

                                            SBI CAPITAL MARKETS LTD.                         ..... Plaintiff
                                                      Represented by: Mr. Sanjiv Kakra, Advocate.

                                                               versus

                                            MS. SUMITA SANDHU & ORS.                      .... Defendants
                                                     Represented by: Mr. O.P. Verma, Advocate for D-1
                                                                     Mr. Shantanu Ghosh, Advocate for
                                                                     D-2 & 3
                                                                     Mr. Abhik Chimni, Advocate for D-5
                                                                     Ms. Ayushi Kumar, Advocate for D-6

                                            CORAM:
                                            HON'BLE MS. JUSTICE MUKTA GUPTA
                                                               ORDER

% 10.09.2020 The hearing has been conducted through Video Conferencing. I.A. 7783/2020 (under Section 151 CPC-exemption from filing certified/original copies)

1. Exemption allowed, subject to just exceptions.

2. Original documents, if any, be filed within two weeks of the resumption of the normal Court functioning.

3. Application stands disposed of accordingly. I.A. 7784/2020 (under Section 149 CPC exemption from filing deficit court fees)

1. Since it is an interpleader suit, plaintiff undertakes to make good the Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 365/2020 Page 1 of 4 Signing Date:10.09.2020 21:47:13 This file is digitally signed by PS to HMJ Mukta Gupta Court fee if required to be paid later on.

2. Application is disposed of taking the undertaking of the plaintiff on record to deposit the deficient Court fee, if any, at the later stage. I.A. 7781/2020 (under Section 12-A, Commercial Court Act for waiver of pre-institution mediation and settlement)

1. Considering the nature of proceedings between the parties, the plaintiff is exempted from resorting to pre-litigation mediation.

2. Application stands disposed of.

CS(COMM) 365/2020 with I.A. 7779/2020 (under Order XL Rule 1 CPC for appointment of receiver), I.A. 7780/2020 (under Section 151 CPC for depositing the share of Sanjay Singh Sandhu in the Court), I.A.7782/2020 (under Order XXXII Rule 3(2) as amended seeking appointment of defendant No.2 as guardian/next friend of defendant No.3)

1. This is an interpleader suit filed by the plaintiff stating that the plaintiff is a sub-sub-licencee in respect of the 6th floor in the commercial- cum-shopping complex, commonly called the Tower Block of World Trade Centre adjacent to the main building, at Barakhamba Lane, New Delhi- 110001 with the super area of 7,850 sq. ft. ( in short 'the suit property'). The said suit property was owned by late Sh. Sanjay Singh Sandhu, defendant No. 5 and defendant No. 6 (the two sisters of Sanjay Singh Sandhu), who jointly gave the said property to the plaintiff vide agreement entered into between the parties in March, 2014 on Sub Sub Licence basis. The plaintiff continued to pay the licence fee in 1/3rd share each to late Sh. Sanjay Singh Sandhu, defendant No. 5 and defendant No. 6 till Sh. Sanjay Singh Sandhu died on 3rd July, 2019. Thereafter, dispute arose between defendant Nos. 1 Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 365/2020 Page 2 of 4 Signing Date:10.09.2020 21:47:13 This file is digitally signed by PS to HMJ Mukta Gupta and 2, both of whom claimed to be the wives of Sh. Sanjay Singh Sandhu and defendant No. 3 being the daughter of defendant No. 2, as also defendant No. 4 being the mother as to whom the share of the licence fee of Sanjay Singh Sandhu was to be paid. Consequently, the plaintiff has not been able to pay the licence fee for the last 10 months. Plaintiff also issued a notice of vacation of the property on 31 st March, 2020 and has vacated the same on 31st July, 2020. However, the keys of the property could not be handed over in view of the dispute between the parties.

2. Considering the nature of dispute, the plaintiff is directed to deposit the keys of the suit property with the Registrar General of this Court as also the balance payment of the licence fee which amounts to ₹64,79,550/- after deduction of the TDS which is the share of late Sh. Sanjay Singh Sandhu with the Registrar General of this Court till the dispute between the LRs of late Sh. Sanjay Singh Sandhu is decided.

3. The Registrar General will deposit the said amount in a fixed deposit.

4. Issue summons of the suit and notice of the applications to the defendants.

5. Learned counsel enters appearance on behalf of the defendant Nos. 1, 2, 3, 5 and 6.

6. Issue summons of the suit and notice of the application to remaining defendant No. 4 on the plaintiff taking steps through e-mail, Whatsapp and SMS, returnable before this Court on 9th December, 2020.

7. Written statement to the suit and reply affidavit to the application be filed within 30 days along with affidavit of admission/denial. Replication and rejoinder be filed within three weeks thereafter alongwith the affidavit of admission/denial of documents.

Signing Date:10.09.2020 21:47:13 This file is digitally signed by PS to HMJ Mukta Gupta

8. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

SEPTEMBER 10, 2020 PB Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 365/2020 Page 4 of 4 Signing Date:10.09.2020 21:47:13 This file is digitally signed by PS to HMJ Mukta Gupta