Delhi District Court
Naresh Kumari vs The State on 18 April, 2023
IN THE COURT OF MS. UPASANA SATIJA,
ACJ/CCJ/ARC(WEST), TIS HAZARI COURTS, DELHI
SC No.: 104/2020
CNR No.: DLWT03-002091-2020
Date of Institution : 03.11.2020
Date on which judgment was reserved: 18.04.2023
Date of decision : 18.04.2023
Decision: Petition Allowed
1. Naresh Kumari
W/o Late Pawan Kumar Dhingra
R/o B-511, Ground Floor,
Sudershan Park, Moti Nagar,
Ramesh Nagar, New Delhi-110015. .....Petitioner No. 1
2. Ms. Jyoti Dhingra
D/o Late Pawan Kumar Dhingra
R/o B-511, Ground Floor,
Sudershan Park, Moti Nagar,
Ramesh Nagar, New Delhi-110015. .......Petitioner no. 2
Versus
The State ......Respondent
JUDGMENT
1. The present petition has been filed under Section 372 of Indian Succession Act, 1925 by Smt. Naresh Kumari (through her attorney Yashpal Dhingra) and Ms. Jyoti Dhingra (hereinafter referred to as petitioner no. 1 and 2 respectively) for grant of succession certificate in respect of debts and securities of SC No. 104/20 Naresh Kumari Vs. State Page No. 1 of 5 deceased Late Sh. Pavan Kumar Dhingra in favour of Petitioner no. 1.
2. Notice of the petition was given to the general public by publication in the newspaper 'Veer Arjun' dated 07.01.2021 to invite objections from public at large to the grant of Succession certificate to the petitioner, but none appeared from general public to oppose or contest the petition.
3. Sh. Animesh Tyagi, working as Deputy Manager (Legal) in Kfin Technologies Ltd., also known as Karvy Fintech Pvt. Ltd. RTA of Relaxo Footwear Ltd. was examined as RW1. He brought the details of 16000 shares of RELAXO FOOTWEARS LIMITED bearing Folio No. RNE0000419 in the name of Pawan Kumar Dhingra which bears his signature at point A. The same was exhibited as Ex. RW1/A (consisting of two pages) and the same reflects market value of the aforesaid 16000 shares was approximately Rs. 1,62,36,000/- as on 26.09.2022. He further stated that there is no nominee of the deceased namely Pawan Kumar Dhingra in the said shares.
4. Ms. Jyoti Dhingra/petitioner no. 2 was examined as PW1. She stated that she is the daughter of the deceased Sh. Pawan Kumar Dhingra who expired on 24.01.2020. She further stated that she has no objection if Succession Certificate in respect of 16000 shares of RELAXO FOOTWEARS LIMITED SC No. 104/20 Naresh Kumari Vs. State Page No. 2 of 5 bearing Folio No. RNE0000419 in the name of Pawan Kumar Dhingra is issued in favour of petitioner No. 1 who is her mother. The deceased made no WILL during his life time and died intestate. Her no objection cum affidavit was exhibited as Ex.PW1/A. Copy of her Aadhar Card was exhibited as Ex. PW1/1.
5. Smt. Naresh Kumari/petitioner no. 1 was examined as PW2. She stated that deceased Sh. Pavan Kumar @ Pawan Kumar Dhingra was her husband. He expired on 24.01.2020 at Delhi and his death certificate was exhibited as Ex.PW2/1. Her son Sanchit Dhingra has also expired on 08.10.2018 and his death certificate was exhibited as Ex.PW2/2. The deceased has left behind besides her, petitioner No. 2 who is the only legal heir of deceased. She further stated that petitioner No. 2 has already given statement as PW1 that she has no objection if Succession Certificate in respect of 16000 shares of RELAXO FOOTWEARS LIMITED bearing Folio No. RNE0000419 in the name of Pawan Kumar Dhingra is issued in her favour. The deceased made no WILL during his life time and died intestate. The deceased Pawan Kumar Dhingra has left behind 16000 shares of RELAXO FOOTWEARS LIMITED bearing Folio No. RNE0000419 and the detail of said shares was already Ex. RW1/A and as per Ex. RW1/A, the shares and dividends are available on the website of IEPF, Ministry of Corporate Affairs at www.iepf.gov.in. and the shares/all unclaimed dividends which SC No. 104/20 Naresh Kumari Vs. State Page No. 3 of 5 have been transferred to IEPF account, from IEPF Authority. The deceased was the resident of Delhi, the copy of Aadhar Card of the deceased in this regard was exhibited as Ex.PW2/3. The publication in newspaper 'Veer Arjun' dated 07.01.2021 was exhibited as Ex. PW2/4. The copy of her Aadhar Card was exhibited as Ex.PW2/5 and there is no impediment for grant of succession certificate in her favour.
6. From perusal of record, the testimony of the witnesses and documents filed on record, it is clear that deceased Sh. Pavan Kumar @ Pawan Kumar Dhingra was husband of the petitioner no. 1 and father of petitioner no. 2 and he expired on 24.01.2020 at B-511, Ground Floor, Sudershan Park, New Delhi-75. At time of his death, place of residence of deceased was at B-511, Ground Floor, Sudershan Park, New Delhi-75. So far, nobody has appeared to contest the claim of petitioner. Further there is no impediment u/s 370 of Indian Succession Act, 1925 to the grant of succession certificate with respect to 16000 shares of RELAXO FOOTWEARS LIMITED bearing Folio No. RNE0000419 which is in the name of Late Sh. Pawan Kumar Dhingra for which succession certificate is required.
7. In view of the matter as discussed above, it is held that petitioner no. 1 is entitled for grant of succession certificate u/s 373 of Indian Succession Act, 1925 in respect of debts and SC No. 104/20 Naresh Kumari Vs. State Page No. 4 of 5 securities of the deceased Sh. Pavan Kumar @ Pawan Kumar Dhingra as per Ex.RW1/A. It is accordingly directed that succession certificate be issued in name of petitioner no. 1/Smt. Naresh Kumari in respect of debts and securities of the deceased Sh. Pavan Kumar @ Pawan Kumar Dhingra as per Ex.RW1/A upon filing of Court fees in terms of Article 12 Schedule 1 of Court fees Act and indemnity bond with one surety.
8. Petition is disposed of accordingly. After issuing of Succession certificate on compliance of above terms and conditions, file be consigned to record room.
Digitally
signed by
UPASANA
UPASANA SATIJA
SATIJA Date:
Announced in the open court 2023.04.18
16:47:56
On this 18th day of April, 2023 +0530
(Upasana Satija)
ACJ/CCJ/ARC(West)
Tis Hazari Courts, Delhi
SC No. 104/20 Naresh Kumari Vs. State Page No. 5 of 5