Final Order 13

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. HEM SINGH, DISTRICT JUDGE -01,
EAST DISTRICT, KARKARDOOMA COURTS, DELHI
PC No. 11/2024
CNR No. DLET01-001352-2024
In the matter of :
Sh. Priyank Gupta
S/o Late Sh. Pramod Kumar Gupta
R/o H. No. M-130, Second Floor,
Near Jagat Ram Park, Laxmi Nagar,
Shakarpur, Gandhi Nagar, Delhi
East Delhi, Delhi-110092.
Mob. No. 8130039693
Email: pkg12347@gmail.com
…..........Petitioner
vs.
(1) State of NCT of Delhi
Through Chief Secretary,
Govt. of NCT of Delhi,
Players Building, Delhi Secretariat,
I.P. Estate, New Delhi-110002.
Concerned SDM
S.D.M. (Geeta Colony) (East)
L.M. Bundh, Shastri Nagar,
Delhi-110031.
Ph: 011-22058348
Email ID: gandhisdm@nic.in
(2) Punjab National Bank
Through its Chief Manager/Branch Manager
Branch Code: 309300
Branch Office at:
G-6, Mehrauli Road,
Hauz Khas, South Delhi, New Delhi-110016.
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
Pages 1 of 9
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Ph: 011-26966439, 26569931
Email: bo3093@pnb.co.in
(3) Smt. Manju Gupta
Wife of Late Sh. Pramod Kumar Gupta
H. No. M-130, Second Floor,
Near Jagat Ram Park, Laxmi Nagar,
Shakarpur, Gandhi Nagar Delhi,
East Delhi, Delhi-110092.
.......Respondents
Date of Institution : 06.03.2024
Reserved for order : 24.05.2025
Date of Decision : 05.06.2025
Petition Under Section 278 of the Indian Succession Act, 1925 for
Grant of Letters of Administration
ORDER
The instant petition has been filed for grant of Letters of
Administration in respect of the articles/estate left in the bank Locker
No. PS00380 of Punjab National Bank, Hauz Khas, New Delhi
associated with saving bank account of Late Sh. Pramod Kumar Gupta
S/o Late Sh. Amar Nath Gupta in favour of the petitioner.
1. STATUS OF PARTIES:
(a) The petitioner is the son of deceased Sh. Pramod Kumar Gupta.
The respondent no. 1 is the State, respondent no. 2 is Punjab National
Bank and respondent no. 3 is the wife of Late Sh. Pramod Kumar
Gupta.
(b) Late Sh. Pramod Kumar Gupta S/o Late Sh. Amar Nath Gupta
was maintaining a locker no. PS00380 in Punjab National Bank,
Mehrauli Road, Hauz Khas, New Delhi associated with saving bank
account no. 3093000101105968.
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
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(c) The petitioner, being the son of Late Sh. Pramod Kumar Gupta
has been regularly paying the annual charges for the above said locker
and the petitioner has deposited an amount of Rs. 2,936.53/- for the
said locker. The respondent no. 2 has issued a receipt dated 16.02.2024
and duly stamped and signed certificate dated 16.02.2024 in respect of
the same.
(d) The petitioner had filed a petition for issuance of Succession
Certificate in respect of the aforesaid locker before the Hon'ble Cout
of Ld. AC/ARC/CCJ/East, KKD Courts, Delhi, however the same was
withdrawn with liberty to file the same afresh before the court of
appropriate jurisdiction.
(e) The deceased was residing at H. No. M-130, Second Floor, near
Jagat Ram Park, Laxmi Nagar, Shakarpur, Gandhi Nagar, East Delhi,
Delhi-110092 and he died at Shanti Mukund Hospital, 2, Institutional
Area, Vikas Marg Extn., Karkardooma Courts, Delhi-110092, which
falls within the territorial jurisdiction of this Court.
2. PROCEEDINGS:
(a) A notice of the petition was issued to the general public through
State and notice was also issued to the respondents.
(b) The SDM concerned filed its report. The respondents no. 2 and
3 gave their no objection, if the letters of administration in respect of
locker no. PS00380 maintained by deceased is granted in favour of the
petitioner.
(c) On 04.05.2024 following issues were framed for adjudication
and disposal of the present petition:
(1) Whether petitioner is entitled to grant of letter of
administration in respect of Locker No. PS00380
maintained by deceased Lt. Sh. Pramod Kumar Gupta in
Punjab National Bank, prayed for?OPP
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
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(2) Relief.
(d) Thereafter, an application u/O VI Rule 17 CPC was filed by the
petitioner, which was allowed and amended petition was taken on
record. Notice of the amended petition was sent to the respondent no.
2 (Punjab National Bank).
(e) Ms. Parul Chauhan, Assistant Manager appeared from Punjab
National Bank, G-6, Mehrauli Road, Hauz Khas, New Delhi-110016
and stated that locker no. PS00380 and saving account no.
3093000101105968 in the name of Late Sh. Pramod Kumar Gupta has
no registered nomination in the bank records. She further stated that
the said saving account was lying dormant and an amount of Rs.
2,505.89/- was due towards the rent of said locker as on 16.08.2024
and an amount of Rs. 7,000/- approximately was also overdue as on
that day towards the dormant saving bank account. Her statement was
recorded in this regard separately.
(f) No one from the general public participated in the proceedings.
3. EVIDENCE:
(a) In order to substantiate his case, the petitioner himself stepped
in witness box as PW-1 and tendered his evidence by way of affidavit
Ex. PW-1/A. In his affidavit Ex. PW-1/A, PW-1 has reiterated the facts
averred in the petition and has placed reliance on the following
documents:
(i) Ex. PW1/1 (OSR)- Copy of Aadhar Card of petitioner.
(ii) Ex. PW1/2 (OSR)- Copy of PAN Card of petitioner.
(iii) Ex. PW-1/3- Death certificate of Late Sh. Pramod
Kumar Gupta,
(iv) Ex. PW-1/4 (OSR)- Copy of voter ID card of Late Sh.
Pramod Kumar Gupta,
(v) Ex. PW-1/5- Original certificate dated 16.02.2024
issued by respondent no. 2 bank in respect of locker no.
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
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PS00380.
(vi) Ex. PW-1/6- Original receipt dated 16.02.2024 issued
by respondent no. 2 Bank in respect of locker rent
deposited towards Locker no. PS00380,
(vii) Ex. PW-1/7- Certificate u/s 65-B of Indian Evidence
Act.
(b) No other witness was examined by the petitioner and on
20.08.2024 on the statement of petitioner, petitioner's evidence was
closed.
4. The petitioner moved an application u/O XXVI Rule 9 of CPC,
seeking appointment of Local Commissioner. By virtue of the said
application, the petitioner has prayed for appointment of Local
Commissioner for preparing inventory of the valuable articles/
goods/cash etc. lying in the Locker no. PS00380 associated with
saving bank account no. 3093000101105968 and vide order dated
20.08.2024, the aforesaid application was allowed and Sh. Arbind
Yadav, Advocate was appointed as Local Commissioner. Since, Sh.
Arbind Yadav has not filed report within time fixed, on request of Ld.
counsel for the petitioner, Ms. Savita, Advocate was appointed as local
commissioner, who filed her report on 11.12.2024 along with some
photographs in the court. As per report, following articles were found
lying in the said locker:
S.
NO.
GOODS/PARTICULARS
1. WILL
2. Four pages details of bank deposit
3. Saving funds pass book along with receipt
4. A/c Passbook of Late Sh. Pramod Kumar Gupta (10596)
5. A/c Passbook of Smt. Shail Bala Gupta (10595)
6. 1 DD found of bank "Unit Trust of India" in favour of Smt.
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
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Shail Bala of Rs. 27,083/-
7. 6 receipts of cash deposit along with other bank also
8. some other receipt of other bank,
9. 5 Delhi Bachat Protsaahan Yojna
10. 7 National Insurance Company papers
11. 1 Purchase bill of share..... plaza
12. 3 Receipts of cooperative bank
13. 1 Slip of Chopra Investment and Finance Co.
14. Some other receipt (.. polyester saree falls).
(a) Ld. Local Commissioner was also directed to file pendrive
containing videography of the proceedings of preparing inventory of
the Locker vide order dated 11.12.2024. She filed the same on record
and the matter was fixed for final arguments.
5. Submissions heard. Record perused. Considered.
6. FINDINGS:
(i) FINDINGS ON ISSUE NO. 1:
"Whether the petitioner is entitled to the grant of letter
of administration in respect of Locker No. PS00380
maintained by deceased Lt. Sh. Pramod Kumar Gupta in
Punjab National Bank, prayed for? OPP"
(a) The instant petition has been filed U/s 278 of the Indian
Succession Act, 1925. Petitioner on oath deposed that Late Sh. Pramod
Kumar Gupta S/o Late Sh. Amar Nath Gupta was maintaining a Bank
Locker No. PS00380 in the Punjab National Bank, Mehrauli Road,
Hauz Khas, New Delhi associated with saving bank account no.
3093000101105968. It is further stated by the petitioner that the
respondent no. 2 i.e. Punjab National Bank, Hauz Khas, New Delhi
has also issued a certificated dated 16.02.2024 duly stamped and
signed by the Chief Manager, Punjab National Bank, Mehrauli Road,
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
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Hauz Khas, New Delhi in respect of locker in question. The petitioner
further deposed that he is regularly paying the annual charges for the
above said locker. Petitioner has deposed on the lines of petition, while
reiterating the facts and documentary record, which has already been
narrated in the paragraphs of status of parties of the deceased above.
The respondents no. 2 and 3 have given their no objection statements
with regard to issuance of Letters of Administration in respect to
aforesaid locker in favour of the petitioner.
(b) The petitioner has exhibited the death certificate of Late Sh.
Pramod Kumar Gupta as PW-1/3 and as per the same, Sh. Pramod
Kumar Gupta died on 21.09.2005 at Shanti Mukund Hospital, Vikas
Marg Extn., Delhi. He has also exhibited the original certificate and
receipt dated 16.02.2024 issued by the Punjab National Bank,
Mehrauli Road, Hauz Khas, New Delhi in respect of deposition of rent
amount of locker in question as Ex. PW-1/5 and Ex. PW-1/6
respectively.
(c) The respondents no. 2 and 3 gave their no objection statements
stating that they have no objection, if the letters of administration in
respect of locker no. PS00380 maintained by deceased is granted in
favour of the petitioner. However, on 16.08.2024 Ms. Parul Chauhan,
Assistant Manager of the aforesaid bank gave statement to the effect
that Late Sh. Pramod Kumar Gupta did not register any nominee in the
bank records and his saving account no. 3093000101105968 is lying
dormant. The overdues of locker rent, amounting to Rs. 2,505.89/- and
zero balance saving bank account, amount to Rs. 7,000/-
approximately are also pending.
(d) There is no opposition to the present petition for grant of Letters
of Administration from any quarter whatsoever. The petitioner is the
son of Late Sh. Pramod Kumar Gupta. It is not in dispute that Late Sh.
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
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Pramod Kumar Gupta was maintaining a locker no. PS00380 with
Punjab National Bank, Mehrauli Road, Hauz Khas, New Delhi. The
petitioner is claiming Letters of Administration in respect of the said
locker.
(e) In view of the petitioner’s own testimony brought on record, I
am of the considered view that there is no impediment in issuing
Letters of Administration, in favour of the petitioner, in respect of
locker in question, as prayed for. But, as the respondent no. 2 has
given statement regarding pendency of overdues towards bank locker
and dormant account of the deceased, the petitioner is liable to clear
the same.
(ii) FINDINGS ON ISSUE NO. 2:
"RELIEF"
In view of above discussion, the petition filed by the petitioner,
is hereby, allowed and Letters of Administration is accordingly,
ordered to be issued in the name of the petitioner, in respect of Bank
Locker No. PS00380 maintained in the Punjab National Bank,
Mehrauli Road, Hauz Khas, New Delhi associated with saving bank
account no. 3093000101105968. However, in view of the statement
given on behalf of the respondent no. 2, it is clear that amount of Rs.
2,505.89/- and Rs. 7,000/- approximately is overdue towards the
locker rent and dormant account of the deceased
therefore, Letters of
Administration is ordered to be granted in respect of the locker in
question in favour of the petitioner, subject to filing of bank receipt
issued by the Punjab National Bank, Mehrauli Road, Hauz Khas, New
Delhi in respect of payment of pending overdues as stated above.
7.
It is pertinent to mention herein that grant of this Letters of
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
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Administration would not tantamount to be any declaration with
regard to ownership or title of the estate of deceased.
8. Letters of Administration will be issued in favour of the
petitioner on prescribed form VII but it would be subject to - (i) filing
of bank receipt issued by the Punjab National Bank, Mehrauli Road,
Hauz Khas, New Delhi in respect of payment of pending overdues; (ii)
filing of appropriate Court Fee; (iii) Administration Bond, within 1 ½
months from today and subsequently, (iv) he will furnish full and true
inventory of the said locker and credits and exhibit the same in the
Court within six months from the date of grant of Certificate on
prescribed Form No. 178 and (v) to render true account of said locker
and credits within one year on prescribed Form No.179.
Accordingly, the petition stands disposed of.
File be consigned to the record room as per rules.
Pronounced in the open Court (HEM SINGH)
on 05th JUNE 2025 District Judge-01
East/KKD Courts/Delhi
PC No. 11/2024
	Priyank Gupta vs. State of NCT of Delhi
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