Delhi District Court
Sh. Rishabh Kapoor vs State on 2 September, 2013
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IN THE COURT OF SH. SUMIT DASS, ADMINISTRATIVE CIVIL
JUDGE (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 82/13.
Date of Institution : 05.06.2013.
Date of arguments : 29.08.2013.
Date of order : 02.09.2013.
In the matter of:
Sh. Rishabh Kapoor
S/o. Late Sh. Raj Kapoor,
R/o. KD7, DDA MIG Flats,
Pitampura, Delhi110 034. ....Petitioner
Versus
1. State
2. The Senior Manager
Canara Bank, Depository Cell,
N1, EMC House,
Connaught Circus,
New Delhi110 001
3. Shashank Kapoor
S/o. Late Sh. Raj Kapoor
R/o. KD7, DDA MIG Flats,
Pitampura, Delhi110 034. ....Respondents
SCC No. 82/13 Rishabh Kapoor vs. State & Ors. 1
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J U D G M E N T:
Vide this judgment, I shall dispose off the petition filed under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities etc of Late Sh. Raj Kapoor s/o. Sh. R.N.Kapoor (deceased).
The relevant facts for the disposal of the present petition are that Late Sh. Raj Kapoor/the father of the petitioner expired on 10.03.2013. It is stated that the deceased had left behind petitioner/son and respondent no.3 as his legal heirs. The present petition has been filed for the grant of succession certificate in respect of shares in the name of deceased Sh. Raj Kapoor. It is submitted that there is no impediment in grant of succession certificate in favour of the petitioner in respect of above said accounts.
2. General public had been served through publication in daily newspaper 'Rashtriya Sahara' dated 19.07.2013 but none had appeared from general public to oppose or contest the present petition.
3. In support of his case, the petitioner has examined RW1/Sh. Shashank Kapoor who deposed that he has no objection for the issuance of succession certificate exclusively in favour of the petitioner and waive his SCC No. 82/13 Rishabh Kapoor vs. State & Ors. 2 3 claim and proved photocopy of his election identity card Ex.RW1/1.
Thereafter, petitioner examined himself as PW1 and tendered his evidence. He proved the death certificate of his father Late Sh. Raj Kapoor as Ex.PW1/1 and deposed that he had left him and respondent Shashank Kapoor as his legal heirs. He had also proved photocopy of her election identify card Ex.PW1/2. Further he examined PW2 Sh. Pawan Gupta, Clerk, Canara Bank, Connaught Place, Delhi who brought the summoned record and proved the same as Ex.PW2/1 (colly). There is a report of the Tehsildar that the LRs of the deceased Raj Kapoor are only Rishabh Kapoor and Shashank Kapoor.
4. Heard.
5. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in favour of petitioner in respect of the shares lying in the name of deceased Sh. Raj Kapoor in Canara Bank Depository Cell as mentioned below. __________________________________________________________________________ S.NO. ISIN Company Name & Scrip Type Balance(Rs.) Status
1.INE133A01011 AKZO NOBEL INDIA LTD. EQ. 50 Free
2.INE522F01014 COAL INDIA LTD. EQ 75 Free SCC No. 82/13 Rishabh Kapoor vs. State & Ors. 3 4
3.INE008101026 COX AND KINGS LTD. EQ.NEW RS.5/ 40 Free
4.INE752H01013 CREDIT ANALYSIS & RESEARCH LTD. EQ. 20 Free
5.INE922C01013 FAIRFILED ATLAS EQ. 100 Free
6.INE159A01016 GLAXOSMITHKLINE PHARMA. LTD EQ. 122 Free
7.INE484J01019 GODREJ PROPERTIES LTD.EQ. 13 Free
8.INE197D01010 JINDAL POLY FILMS LTD.EQ. 200 Free
9.INE786A01032 JK LAKSHMI CEMENT LTD. EQ.NEW Rs.5/ 12 Free
10.INE121E01018 JSW LAKSHMI CEMENT LTD.EQ. 60 Free
11.INE103A01014 MANGALORE REFINERY & PETRO CHEMICALS LTD. EQ. NEW Rs.10/ 200 Free
12.INE585B01010 MARUTI SUZUKI INDIA LTD. 25 Free EQ. NEW Rs.10/
13.INE490G01020 MOIL LTD. EQ. 50 Free
14.INE848E01016 NHPC LTD.EQ. 200 Free
15.INE274J01014 OIL INDIA LTD. EQ. 15 Free
16.INE752E01010 POWER GRID COR. OF INDIA LTD. EQ. 100 Free Accordingly, Succession Certificate is ordered to be issued in favour of petitioner Sh. Rishabh Kapoor in respect of the above, on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month. The market value of the shares as on day shall be SCC No. 82/13 Rishabh Kapoor vs. State & Ors. 4 5 taken for consideration in computing the court fees. File be consigned to Record Room.
Announced in the open court (Sumit Dass)
on 02.09.2013 ACJCUMARC NORTHPWEST
ROHINI COURTS, DELHI
This judgment contains five pages
& each page has been signed by me.
SCC No. 82/13 Rishabh Kapoor vs. State & Ors. 5
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SCC No. 82/13
Rishabh Kapoor vs. State & Ors.
29.08.2013
Present: Ld. Counsel for the petitioner along with petitioner RW1, PW1 & PW2 are examined and discharged. PE is closed. Final arguments heard.
Put up for orders on 02.09.2013.
(Sumit Dass) ACJcumARC (North West) Rohini Courts, Delhi/29.08.2013 02.09.2013 Present: Ld. Counsel for the petitioner along with petitioner Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioners is allowed and disposed off.
File be consigned to Record Room.
(Sumit Dass) ACJcumARC (North West) Rohini Courts, Delhi/02.09.2013 SCC No. 82/13 Rishabh Kapoor vs. State & Ors. 6