Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3
Succ. Court 63/25
MUKAT GUPTA Vs. THE STATE
21.07.2026
Present : Mr. AK Jha, Ld. Counsel for petitioner alongwith Mr. Manoj Kumar
Khandelwal, SPA holder of the petitioner.
Mr. KK Malviya, Ms. Aroosa Nawaz and Mr. Ishan Gupta, Ld. counsel for
respondent no. 10/SBI alongwith Mr. Shivam Singh Balwan, Customer
Associate, SBI.
Ld. counsel for Axis Securities / respondent no.9 alongwith Mr. Tarun
Kumar, Circle Head, North, Axis Securities.
Fresh vakalatnama filed on behalf of respondent no.9. Same be checked and
taken on record.
Mr. Tarun Kumar, Circle Head, North, Axis Securities examined and
discharged as RW-6. He is paid diet money of Rs.1,000/-.
Cost imposed upon SBI vide order dated 07.05.2026 has not been paid. An
application has been filed on behalf of SBI seeking waiver of the cost imposed vide order
dated 07.03.2026 and 07.05.2026. It is
inter-
alia stated that as per the statement of account,
no fund is lying in the account of the deceased. It is also stated that the FDR was not
issued by the applicant bank and not linked to the account.
However, in the considered opinion of this ground, the aforesaid grounds
are not justified for repeated absence of the AR of SBI as from 27.08.2025, the court has
been repeatedly directing the official to remain present in person and he has been
repeatedly avoiding the same.
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Hence, I do not find any merit in the application in view of repeated
absence of the AR as his statement is required to be recorded qua the securities of the
deceased, is pending. Accordingly, the aforesaid application is hereby dismissed.
Let all the previous costs be deposited/paid by the SBI/respondent no.10
against proper acknowledgment/receiving before the NDOH.
Application is disposed off accordingly.
Mr. Shivam Singh Balwan, Customer Associate, SBI could not be examined
as Mr. Manoj Kumar Khandelwal, SPA holder of the petitioner, has pointed out that the
bank has not provided the details of balance in the FDRs of the deceased, copy of which
is placed on page 60 of the paperbook. Mr. Shivan Singh Balwan shall remain bound down
for NDOH.
As per report of the Ahlmad, notice issued upon respondents no. 4 and 5 not
received back and a letter has been received from MUFG Intime regarding the shares of
the deceased in Indian Hotels Co. Ltd.
Let the file be properly inspected by the petitioner and appropriate steps, if
any, be taken by the petitioner.
Be adjourned for 24.09.2026.
(Bharat Aggarwal)
ACJ-cum-ARC, Central
District, Tis Hazari Courts
21.07.2026
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