Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MPC 39-2026
DLCT010129832026
LAKSH SHARMA AND ANR Vs. STATE
29.08.2026
File is taken up today in terms of notification No 85/G-4/Genl.I/DHC
dated 21.08.2026 issued by Hon’ble High Court of Delhi whereby
27.08.2026 was declared holiday and matters listed on 27.08.2026 were
directed to be taken up today.
Present:- Sh. Parmeet Singh Bhalla, Ld. Counsel for the
applicants/petitioners.
1. In compliance of order dated 23.07.2026, the applicants/petitioners has
filed certified copy of judgment dated 05.06.2026 passed in PC No. 49/2024.
Same is taken on record.
2. The present application has already been filed (on 23.07.2026) by the
applicants/petitioners in terms of judgment and order dated 05.06.2026 passed in
PC no. 49/2024 for issuance of Letters of Administration in respect of estate of
deceased late smt. Balwant Kaur W/o of late Sh. Balmukund i.e. locker No.
LL00928 of Punjab National Bank, Fire Station, Rajender Nagar, Delhi
(hereinafter referred to as “the Subject property”).
3. Record shows that the applicants/petitioners have already filed
Administration Bond u/s 291 of Indian Succession Act, having name of Smt.
Sarika Batra R/o 65/40, New Rohtak Road, Karol Bagh as surety. However,
today, an application u/s 151 CPC seeking exemption from filing
Surety/Administration Bond . Ld. Counsel for the applicant/petitioner requested
that the aforesaid application be read as “exemption from furnishing surety
bond”.
4. On oral request, the aforesaid application be treated as only for exemption
from furnishing surety bond and not for exemption from furnishing
Administrative Bond with Surety.
Contin...
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5. In the application, it is submitted that this court has categorically held in
the judgment that since Smt. Asha Sharma, Sh. Vinod Sharma and Sh. Shitiz
Sharma have all deceased and the petitioners are the only surviving legal heirs
of late Smt. Balwant Kaur, and that there is no imediment in granting the Letters
of Administration in favour of the applicants/petitioners. It is further averred in
the application that the petition remained uncontested and no claimant has come
forward making claim of locekr No. LL00928 of Punjab National Bank, Fire
Station, Rajender Nagar, Delhi. Further no, appeal/objection till date has been
filed by any third party alleging that the judgment dated 05.06.2026 and
limitation to file appeal has also lapsed and there is no other legal heirs, claimant
or objector having any right, title or interest in the estate of the deceased. It is
further submitted that in view of the above admitted and adjudicated facts, no
useful purpose would be served by insisting upon furnishing an administration
bond with surety, as there is no possibility of any dispute or competing claim in
respect of the estate. Further, the applicants/petitioners have also relies upon the
judgment of the Hon’ble High Court of Delhi in TEST. CAS. No. 29/2010, title
as Deepak Duggal Vs. State & Ors., decided on 28.11.2024 passed by the
Hon’ble High Court of Delhi wherein it is held that imposition of condition to
furnish Administration/Surety Bond is not mandatory and petitioner in that case
was exempted from furnishing surety/Administration Bond.
6. In view of the submissions made in the application and considering the
judgment of the Hon’ble High Court of Delhi in Deepak Duggal (Supra), the
aforesaid application is allowed. Applicants/petitioners are exempted from
furnishing the surety bond. The application is accordingly disposed off.
7. The applicants/petitioners have also filed original e-court fees of Rs.
25,130/- (on 23.07.2026), the same is @ 4% of the value of the subject property.
Cont...
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8. The applicants/petitioners are present alongwith his counsel. Their joint
statement is also recorded.
9. Having considered the statement of applicant/petitioner and the
documents filed by the applicants/petitioners, this court is satisfied that the
Administration bond Ex P-1 is in order and is thus accepted.
10. Let letters of Administration of the estate of deceased late Smt. Balwant
Kaur in favour of applicants/petitioners be issued to the applicants/petitioners
with directions to exhibit inventory and accounts in terms of Section 317 of the
Indian Succession Act, 1925. The application is accordingly disposed off.
11. Misc. file pertaining to MPC No. 39/2026 be consigned to Record Room
after due compliance. Copy of this order be placed in file pertaining to PC No.
49/2024 and be consigned to Record Room as per rules.
(Virender Negi)
District Judge-05,
Central, THC, Delhi
29.08.2026
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