Delhi High Court - Orders
Mrs Anita Malhotra vs Satish Kumar Sood And Ors on 21 April, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 170/2023 and I.A. nos. 4696/2023, 4697/2023 and 4698/2023
MRS ANITA MALHOTRA ..... Plaintiff
Through: Mr.Rajshekhar Rao, Senior Advocate
with Mr.Vivek Singh, Ms.Kirti
Mewar and Mr.Yashraj Samant,
Advocates
versus
SATISH KUMAR SOOD AND ORS ..... Defendants
Through: Mr.Sanjeev Sindhwani, Senior
Advocate with Kartik Nagarkatti and
Mr.Sanchit Gawri, Advocates
Mr.P.D.Gupta, Senior Advocate with
Mr.Vikas Mishra and Mr.Krishnadev
Yadav, Advocates for D-2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 21.04.2023 I.A. No. 4697/2023 (for exmeption) Subject to the plaintiff filing the clear, original and legible/typed copies of any dim documents on which the plaintiff may seek to place reliance, within four weeks from today, exemption is granted for the present.
The application is disposed of.
I.A. No. 4698/203 (condonation of delay) The instant application has been filed by the plaintiff seeking condonation of delay of 14 days in re-filing the suit submitting to the effect that the accompanying suit had been filed with the Registry well in time, Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:26.04.2023 15:46:58 however, some defects had been marked by the Registry which were removed only by 27th February, 2023 as the plaintiff was travelling during that period.
Heard the learned counsel appearing on behalf of the plaintiff. In view of the averments made in the application, the application allowed and the delay of 14 days in re-filing the suit is condoned.
The application is disposed of.
CS(OS) 170/2023
1. The plaintiff vide the present suit for declaration, cancellation of documents, partition, rendition of accounts, mandatory and permanent injunction has sought the following reliefs:
"a) Pass a Decree of Declaration thereby declaring the family settlement dated 16.04.2021 as null and void;
b) Pass a Decree of cancellation thereby cancelling the execution of Relinquishment Deed dated 16.04.2021 in respect of Commercial Cum Cinema Plot of land admeasuring 2904 Sq. Mtrs. situated at Jangpura Extension, Delhi-llOOI4; Deed of Declaration dated 16.04.2021 in respect of property i.e., l/3rd undivided share, owned by Late Sh. Jagdish Rai Sood in Plot No. 48, Block F, measuring 1000 Sq. Yards, South Extension, Part-I, situated at Village Kotla Mubarak Road, New Delhi;
affidavit dated 17.08.2020 and other blank documents got signed from the Plaintiff. No Objection in favour of Axis Securities Ltd. with regard to 3157920 securities of Hotel Excelsior Ltd.; Memorandum of Family Settlement dated 16.04.2021 and all other documents executed by the Plaintiff in 'relation to the properties of Late Sh. Jagdish Rai Sood as mentioned in Document-A;
c) Pass a Decree of Mandatory Injunction against the Defendants No. 1 to 4, thereby directing them to disclose the details of properties of Late. Sh. Jagdish Rai Sood as on 26.04.2020;
Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:26.04.2023 15:46:58d) Pass a preliminary Decree of partition with respect to the movable and immovable assets of Late Sh. Jagdish Rai Sood;
e) Pass a final Decree of Partition thereby dividing the movable and immovable assets of Late Sh. Jagdish Rai Sood by metes and bounds and order auction of such properties which cannot be divided and direct that the Plaintiff be given l/5th share in the properties of Late Sh. Jagdish Rai Sood along with possession or alternatively, the properties may be sold in auction and l/5th sale proceeds be given to the Plaintiff;
f) Pass a Decree of rendition of accounts calling upon the Defendants No. 1 to 6 to render of accounts of profit, income, rent, benefits, dividends etc. from the properties which are held to be belonging to the "deceased Late Sh. Jagdish Rai Sood and order the Defendants No. 1 to 6 to pay the Plaintiffs l/5th share of such profits etc. to the Plaintiff;
g) Pass a decree of permanent injunction thereby restraining the Defendants No. 1 to 6, their successors, agents, representative, " attorney etc., from alienating, transferring and / or creating any third party interest in the properties left behind by Late Sh. Jagdish Rai Sood as mentioned in Document-A; and / or
h) Pass any other or further order(s) as this Hon'ble court may deem fit and proper in the facts and circumstances of the case."
2. The learned senior counsel appearing on behalf of the plaintiff submits that the plaintiff and defendants No.1 to 4 are siblings. They are children of Late Sh. Jagdish Rai Sood and Late Smt. Bachitra Rani Sood. The defendant Nos. 5 and 6 are sons of defendant No.1. The plaintiff is seeking relief for cancellation of certain documents executed in favour of defendant Nos. 5 and 6. The Parties belong to one of the prominent families of Delhi who has been controlling the EROS Group. The mother of the Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:26.04.2023 15:46:58 parties died on 12th November, 2012 and the father died on 26th April, 2020.
3. It is stated that after the demise of Late Smt. Bachitra Rani Sood the properties/ estate of the deceased mother were in control of Late Sh. Jagdish Rai Sood until his death on 26th April, 2020 and after his death the defendants manipulated and deprived the plaintiff of her lawful and legitimate share in the assets/ estate left behind by her father. The learned senior counsel appearing on behalf of the plaintiff submitted that during the lifetime of Late Sh. Jagdish Rai Sood, he created a trust for the benefit of the plaintiff. However, after the demise of Late Sh. Jagdish Rai Sood, sudden unexpected changes were made by the defendants which were contrary to the interest of the plaintiff. It is further submitted on behalf of the plaintiff that the plaintiff was compelled to sign the family settlement dated 16th April, 2021 against her interest and free Will. The Plaintiff was deprived of her own property which was transferred to Late Sh. Jagdish Rai Sood under trust and mutual understanding.
4. The learned counsel appearing for the plaintiff further submitted that the distribution of the estate of father by the defendant Nos.1 to 4 is wrongful and illegal as the plaintiff has been excluded and deprived of her share in the assets and properties of her father. The Plaintiff is entitled to the lawful l/5th share in the properties left behind by her father. It is submitted that the said transaction as well as other transactions done in similar fraudulent means are void as the same has been done only to deprive the plaintiff from her legitimate share in the estate of her father. The said transactions are liable to be declared null and void-ab-initio. It is submitted that the defendants have the complete details of the properties owned by Late Sh. Jagdish Rai Sood and the defendants are hiding the same from the Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:26.04.2023 15:46:58 plaintiff with mala fide intentions to usurp her share and deprive her from her legitimate rights in the estate of her deceased father.
5. It is further submitted that after the demise of Late Sh. Jagdish Rai Sood, the plaintiff tried to contact the defendants several times to seek details of the assets/ estate left behind by Late Smt. Bachitra Rani Sood to which the plaintiff is legally entitled. However, the defendants completely failed to tender any plausible response and are depriving the plaintiff of her lawful and legitimate share.
6. Heard the leaned senior counsel appearing for the plaintiff.
7. Let the plaint be registered as a suit.
8. Issue summons in the suit.
9. Learned counsels appearing on behalf of the defendants accept summons.
10. The written statement(s) shall be filed within thirty days. Along with the written statement(s), the defendants shall also file their affidavits of admission/denial of the documents of the plaintiff.
11. Liberty is given to the plaintiff to file replication(s), if any, within thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiff, affidavit of admission/denial of the documents of the defendants be filed by the plaintiff.
12. List before the Joint Registrar on 25th May, 2023 for completion of service and pleadings.
13. List before the Court on 4th October, 2023.
I.A. No. 4696/2023 (under Order XXXIX R 1 & 2 CPC)
1. The present application has been filed by the plaintiff seeking ad- interim injunction against the defendants thereby restraining defendants No. Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:26.04.2023 15:46:58 1 to 6 from selling, encumbering, parting with possession or creating third party interest in the properties mentioned in Document-A to the Plaint, during the pendency of the accompanying suit and withdrawing any of the facility being extended to the plaintiff through Eros Group, inter alia free access to Hotels of Eros Group and free facilities therein and further not to stop any other facility to which the plaintiff is entitled or the plaintiff is availing as per existing arrangement.
2. It is submitted on behalf of the plaintiff that the family settlement has been executed by the plaintiff against her free will and under force, threats, coercion etc. and that the said family settlement so signed by the plaintiff does not have any legal effect as the same is void-ab-initio. It is further submitted on behalf of the plaintiff that the said family settlement does not disclose the complete details of the properties owned by Late Sh. Jagdish Rai Sood at the time of his death and that the defendants No.1 to 4 are hiding the exact details from the plaintiff with mala fide intentions to usurp her share and deprive her from her legitimate rights in the estate of deceased father. It is submitted that the defendants No.1 to 4 ought to be directed to file complete details of the properties of the deceased Late Sh. Jagdish Rai Sood as on the date of his death i.e., 26th April, 2020. Furthermore, all transactions done by the defendants No. 1 to 4 between 26th April, 2020 till 17th July, 2020 with respect to the assets and properties of Late Sh. Jagdish Rai Sood are liable to be declared null and void.
3. It is submitted that the Plaintiff has a prima facie case in her favour. The balance of convenience also lies in favour of the Plaintiff and against the Defendants. In case the reliefs prayed in this Application are not granted, the Plaintiff shall suffer irreparable loss and injury, which cannot Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:26.04.2023 15:46:58 be compensated in terms of money.
4. Heard.
5. Issue notice.
6. Notice is accepted by the learned counsel appearing for the defendants.
7. Reply(ies) be filed within four weeks.
8. Rejoinder(s) thereto, if any, be filed within two weeks thereafter.
9. List before the Joint Registrar on 25th May, 2023 for completion of pleadings and service.
10. List before Court on 4th October, 2023.
CHANDRA DHARI SINGH, J APRIL 21, 2023 SV/AK Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:26.04.2023 15:46:58