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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1306/2011
Decided on : 10.04.2015
IN THE MATTER OF:
VIKRAM BEHL ..... Plaintiff
Through : Ms. Shobhna Takiar, Advocate with
plaintiff in person
versus
SUDHIR BEHL AND ORS. ..... Defendants
Through : Mr. Aditya Dewan, Advocate for D-1
Ms. Monica Chugh Manchanda, Advocate for D-2
Mr.Mayank Wadhwa, Advocate for D-3
Mr.Arush Khanna, Advocate for D-4
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J.(Oral)
1.
This order is in continuation of the order dated 26.2.2015.
2. The plaintiff has instituted the present suit praying inter alia for partitioning the movable assets of late Mrs. Shakuntala Behl, mother of the parties.
3. On the last date of hearing, a comprehensive order was passed in respect of the movable assets of the deceased, while leaving aside the amounts lying in two bank accounts held by late Mrs. Shakuntala Behl in the State Bank of India, Defence Colony Branch. As none of the parties was aware of the exact amounts lying deposited in the said accounts, CS(OS) 1306/2011 Page 1 of 3 notice was issued to the Manager of the said Bank directing him to give the details of the moneys lying in accounts bearing No.10617024122 and 10617077720, by filing an affidavit within two weeks.
4. Pursuant thereto, an affidavit has been filed by Shri Heera Singh Pangtey, Chief Manager of the State Bank of India, Defence Colony Branch, stating inter alia that as per the Bank records, the account bearing No. 10617024122 is a saving bank account in the name of Smt. Shakuntla Behl and an amount of `23,54,694.20 paise is lying in the said account, along with interest as on 7.4.2015. A copy of the statement of account showing the aforesaid balance amount is enclosed with the affidavit. As for account No.10617077720, it is stated that as on date, no such account is existing.
5. Counsel for the defendant No.1 states that his client, who was the second name holder/nominee, had closed the said account in the year 2010 and on the date when the said account was closed, a sum of `3,21,144/- was lying therein. The aforesaid amount was deposited on behalf of all the parties with the law firm, M/s O.P. Khaitan & Company towards due diligence conducted by them in respect of the immovable property owned by the deceased, Smt. Shakuntla Behl. He states that he shall furnish a copy of the statement of account of the said Bank account CS(OS) 1306/2011 Page 2 of 3 showing the credit balance therein as on the date of closure, to the counsels for the plaintiff and the remaining defendants.
6. As for the maturity value of the Capital Gain Bonds deposited in the Registry and lying in an FDR, the parties shall approach the Registry, through their respective counsels, for the amount to be released to them to the extent of 2/5th share in favour of the plaintiff, 1/5th share in favour of the defendant No.1, 1/5th share in favour of the defendant No.2 and the remaining 1/5th share of the defendant No.3, as has already been clarified in para 10 of the order dated 26.2.2015.
7. In view of the order passed on 26.2.2015 and those passed above, nothing further survives for adjudication in the present suit. The suit is decreed in terms of the order dated 26.2.2015 and today's order, while leaving the parties to bear their own costs.
8. File be consigned to the record room.
(HIMA KOHLI)
APRIL 10, 2015 JUDGE
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CS(OS) 1306/2011 Page 3 of 3