Delhi District Court
Amitabha Bhattacharya vs The State Of Nct Of Delhi on 5 September, 2019
IN THE COURT OF SH. SATVIR SINGH LAMBA,
ACJ-CUM-CCJ-CUM-ARC, NORTH DISTRICT, ROHINI
DELHI.
SUCCESSION CASE NO.58/17
New SCC no. 59/17
IN THE MATTER OF :-
1. Amitabha Bhattacharya,
S/o Late Sh. Jyotish Chandra Bhattacharya,
R/o H. No. F, Tagore Park,
Opposite Canara Bank, Near Model Town,
New Delhi.
2. Neeladri Bhattacharya,
S/o Late Sh. Jyotish Chandra Bhattacharya,
R/o 61, Dakshinapuram,
Jawaharlal Nehru University,
New Delhi.
3. Gautam Bhattacharya,
S/o Late Sh. Jyotish Chandra Bhattacharya,
R/o H. No. F, Tagore Park,
Opposite Canara Bank, Near Model Town,
New Delhi.
....PETITIONERS
VERSUS
The State of NCT of Delhi
.....RESPONDENT
SUCC. NO.59/17 Page 1 of 6
Application for grant of Succession Certificate
U/S 372 of Indian Succession Act, 1925
Date of Institution : 09.06.2017
Date of Reserving order : 05.09.2019
Date of Pronouncement : 05.09.2019
JUDGMENT
1. The present petition has been filed u/s 372 Indian Succession Act 1925 for grant of succession certificate in respect of amount of following sharesin the name of Late Smt. Anila Debi @ Anila Devi (hereinafter referred to as "deceased") :
Name of the Folio no. Certificate No. of Face value & company no. / Warrant shares Market Value no. per share Aditya Birla A000562 71 585 10 & 1690 Nuvo Limited Aditya Birla A013566 159 187 10 & 1690 Nuvo Limited Grasim 601657 3093348 875 2 & 1135 Industries Ltd.
Grasim 603387 3093352 280 2 & 1135 Industries Ltd.
Ultra Tech 81266450 000228583 100 10 & 4123 Cement Ltd.
Ultra Tech 81269637 00228893 32 10 & 4123 Cement Ltd.SUCC. NO.59/17 Page 2 of 6
Aditya Birla 0001086 3059 2522 10 & 181 Fashion & Retail Ltd.
India 1800 01950 25 10 & Zero
Radiators Ltd.
Jay Shree Transfer 4424 100 10 & Zero
Textiles Ltd. no.2600 dt.
15.05.1957
& are allegedly having market value of share as Rs.36,16,232/-
at the time of filing of present petition.
2. In the petition, it is stated that the petitioners are the only LRs of the deceased.
3. General public was also informed by way of publication in a newspaper namely "Veer Arjun" dated 04.09.2017. However, despite publication, no one from general public has come forward to file objections to the issuance of succession certificate in favour of the petitioner.
Notice was issued to SDM concerned to file the verification report as to the LRs of the deceased. Notice was also issued to the above companies to file report regarding the SUCC. NO.59/17 Page 3 of 6 shares in the name of deceased.
LR verification report filed on behalf of the SDM. Report received on behalf of the Aditya Birla Fashion & Retail and Ultratech Cement Ltd.
4. In support of their petition, the petitioner no. 1 has examined himself as PW1 and deposed by way of affidavit Ex.PW1/A. He has relied upon the documents i.e. his ID Card as Ex.P1W1/1, death certificate of his deceased mother as Ex. P1W1/2, shares certificates of Aditya Birla Nuvo Ltd. (merged with Grasim) as Ex. P1W1/3 (Colly), shares certificates of Grasim Industries Ltd. as Ex.P1W1/4 (Colly), shares certificates of Ultra Tech Cement Ltd. as Ex.P1W5 (Colly) and Aditya Birla Fashion & Retail Ltd. as Ex. P1W6.
5. Petitioners have claimed succession certificate in respect of the amount of shares of above mentioned companies. During the pendency of the case, petitioner no.1 has given statement has that he is not pressing for the shares of India Radiators Ltd. SUCC. NO.59/17 Page 4 of 6 and Jay Shree Textiles Ltd. Petitioner has also filed the value of the share as on date.
6. As per LR report sent by the SDM, the deceased has left behind the petitioners as his LRs. Petitioner no. 2 and 3 have given no objection in favour of the petitioner no.1 for the issuance of succession certificate as prayed in the present petition. Hence, petitioner no.1 is entitled for the succession certificate for the amount as follows:
Name of the Folio no. No. of Market Value of company shares Value per shares share Aditya Birla A000562 585 0 0 Nuvo Limited Aditya Birla A013566 187 0 0 Nuvo Limited Grasim 601657 875 694 Industries Ltd.
Grasim 603387 280 694 Rs.6,07,250/- Industries Ltd.
Ultra Tech 81266450 100 3894 Rs.3,89,400/- Cement Ltd.
Ultra Tech 81269637 32 3894 Rs.1,24,608/- Cement Ltd.
Aditya Birla 0001086 2522 189 Rs.4,76,658/-SUCC. NO.59/17 Page 5 of 6
Fashion & Retail Ltd.
Total Rs.17,92,236/-
7. Petitioner is directed to file court fee at the rate of 2.5% for the whole amount in terms of Article 12 Schedule 1 of the Court Fees Act 1870 as applicable to Delhi and an indemnity bond in the sum of Rs.17,92,236/- with one surety of the like amount.
No order as to cost.
File be consigned to record room after due compliance. Digitally signed
SATVIR by SATVIR SINGH LAMBA ANNOUNCED IN OPEN COURT SINGH Date:
2019.09.06 LAMBA 16:02:54 on 05.09.19 +0530 (SATVIR SINGH LAMBA) ACJ-CUM-CCJ-CUM-ARC (NORTH) ROHINI COURT, DELHI SUCC. NO.59/17 Page 6 of 6