Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 160/2022
Sanju Yadav & Anr. Vs. State & ors.
22.11.2022
Fresh succession petition under Section 372 of Indian Succession Act,
1925 received by way of assignment. It be checked and registered.
Present: Adv. Sh. Dhruv Sharma, Ld. counsel for the petitioner.
Present petition has been filed for grant of succession
certificate qua the debts/securities of the deceased Sandeep Kumar.
Heard. Perused.
Issue notice of the present petition to the respondents, through
all permitted modes, on taking steps within 03 weeks from today, for next
date of hearing.
Further, notice of the present petition be published in daily
newspaper “Veer Arjun” and “The Statesman” having circulation in the
National Capital Territory of Delhi for inviting objection, if any, from
general public on deposition of requisite publication charges within two
weeks.
Notice be also affixed in some conspicuous part of the court
premises.
Report be also called from concerned SDM / Executive
Magistrate confirming the address of petitioner and deceased along with
list of survivors of deceased for next date of hearing.
At this stage, it is submitted by ld. Counsel for petitioner that
respondent no. 2 Axis Bank, Asaf Ali Road Branch, may be restrained from
releasing the amount of accidental insurance cover from the account of Lt.
Sh. Sandeep Kumar bearing account no. 914010016270991 to anyone till
the disposal of the present petition. An application in this regard is also
Contd..2
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Sanju Yadav & Anr. Vs. State & ors.
stated to be filed along with the petition. It is further stated that present
application is filed as the petitioner no. 1 is the wife of the deceased and
petitioner no. 2 is the minor daughter; that the and petitioners are the legal
heirs of the deceased; that name of respondent no. 3 is shown as nominee in
the service record of deceased as the deceased was not married at the time
of joining service in Delhi Police; and thus grave prejudice may be caused
if merely on the basis of being a nominee, entire amount is released to
respondent no. 3.
Heard. Perused.
Till NDOH respondent no. 2 Axis Bank, Asaf Ali Road
Branch, is restrained from releasing the amount of accidental
insurance cover from the account of Lt. Sh. Sandeep Kumar bearing
account no. 914010016270991to anyone.
As the order is an ex-parte order, petitioner is directed to serve
a copy of the same on the respondents no. 2 and 3 within three days and file
an affidavit of compliance in this regard before NDOH.
Put up for further proceedings on 01.02.2023.
Copy of this order be given “dasti” to ld. Counsel for
petitioner.
Swati Gupta
ACJ/CCJ/ARC/NDD, PHC
New Delhi.
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