Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MPC 2/23
MANOJ KAPOOR Vs. STATE
20.07.2024
Present: Sh. Puneet Kumar, Ld. Counsel for applicant/petitioner
(through VC).
1. At the outset, an adjournment is sought by Ld. Counsel
for applicant/petitioner stating that he is not well and is in the hospital.
2. This is an application for placing on record
administrative-cum-surety bond and Court fee in terms of order dated
15.05.2013 in PC No. 102/2011 filed by Sh. Manoj Kumar (petitioner
in PC No. 102/2011).
3. Perusal of ordersheet dated 21.03.2023 shows that TCR
in PC No. 102/2011 (old No. 34/2003) has already been sent to
Hon’ble High Court of Delhi in FAO No. 304/2013
4. Ld. Predecesspor of this Court after observing that since
order dated 15.05.2013 has already been challenged by non-applicant
Sh. Pradeep Kapoor by way of FAO No. 304/2013, deemed it fit to
issue notice of the application to non-applicant Sh. Pradeep Kapoor
vide order dated 02.08.2023.
5. Notice of the application has not been served upon non-
applicant Sh. Pradeep Kapoor. Directions, thereafter, was given to file
fresh address of non-applicant and to serve him on fresh address.
6. Ld. Counsel for applicant/petitioner submits that the
applicant/petitioner has no fresh address of the non-applicant. He
furtehr submits that as there is no stay by Hon’ble High Court of Delhi
in FAO No. 304/2013 in connection with the present proceedings
before this Court, there is no need of issuing notice of the present
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application to the non-applicant.
7. Heard. Perused.
8. Perusal of judgment dated 15.05.2013 passed in PC No.
102/2011 shows that Letters of Administration was granted in favour
of petitioner as well as in favour of relation No. 1 Sh. Sunil Kapoor as
per their share in view of Will of deceased dated 20.12.1993, however,
the present application has been filed solely by petitioner Sh. Manoj
Kapoor and not by Sh. Sunil Kapoor.
9. Further, non-applicant is not served with the notice of the
present application.
10. As already noted that appeal is pending before the
Hon’ble High Court of Delhi and records of this matter (TCR) has
also been sent to Hon’ble High Court, the applicant/petitioner, in the
considered view of this Court, should first approach to Hon’ble High
Court for appropriate directions for issuance of Letters of
Administration.
11. At request, put up for further proceedings on 10.09.2024.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
20.07.2024(kd)
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