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Satula Devi vs Govt. Of Nct Of Delhi And Ors.
2021 Latest Caselaw 2437 Del

Citation : 2021 Latest Caselaw 2437 Del
Judgement Date : 8 September, 2021

Delhi High Court
Satula Devi vs Govt. Of Nct Of Delhi And Ors. on 8 September, 2021
                                                         Signature Not Verified
                                                         Digitally Signed By:DINESH
                                                         SINGH NAYAL
                                                         Signing Date:08.09.2021
                                                         23:06:29


$~Mentioning
*   IN THE HIGH COURT OF DELHI AT NEW DELHI
                                Date of Decision: 8th September, 2021
+   W.P.(C) 1271/2020 & CM APPLs. 4396/2020, 7762/2020,
    23213/2020, 21096/2021, 24330/2021, 24951/2021
    SATULA DEVI                                          ..... Petitioner
                     Through: Mr. Vikas Singh, Sr. Advocate with
                                 Mr. Varun Singh, Ms. Deepeika
                                 Kalia, Mr. Kapish Seth, Mr.
                                 Mrityunjay Singh, Ms. Alankriti
                                 Dwivedi    and     Ms.         Samruddhi
                                 Bendbhar, Advocates.
                     versus
    GOVT. OF NCT OF DELHI AND ORS.                    ..... Respondents
                     Through: Mr. Anupam Srivastava, ASC for
                                 GNCTD with Mr. Vasuh Misra,
                                 Advocate.
                                 Mr. K.K. Rai, Sr. Advocate with Mr.
                                 Anshul Rai, Mr. S.K. Pandey, Mr.
                                 Chandrashekhar AC, Mr. Awanish
                                 Kumar & Ms. Sreoshi Chatterjee,
                                 Advocates for R-3.
                                 Mr. Mahesh Jethmalani, Sr. Advocate
                                 with Mr. Ravi Sharma, Ms. Gunjan
                                 Mangla, Ms. Madhulika Rai Sharma
                                 & Mr. Anjani Kumar Rai, Advocates
                                 for R-4.
                                 Dr. Abhishek Manu Singhvi, Sr
                                 Advocate with Mr. B. Shravanth
                                 Shanker and Ms. Monalisa Kosaria,
                                 Advocates for R-5.
                                 Mr. D. Abhinav Rao, Advocate for
                                 R6/Applicant - Mr. Umesh Sharma.
    CORAM:
    JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)

1.     This hearing has been done through hybrid mode.

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                                                         Digitally Signed By:DINESH
                                                         SINGH NAYAL
                                                         Signing Date:08.09.2021
                                                         23:06:29


2.     This matter has been mentioned today at 10.30.am, by the ld. Senior
Counsels who have informed the Court that the DMP has been admitted to
Apollo Hospital yesterday evening and his physical condition has
deteriorated. When asked as to who the treating doctor of the DMP in
Apollo Hospital is, the Court is informed that the DMP is under the care of
Dr. Sandeep Guleria. The matter was then listed for 2.30 pm.
3.     The Court thereafter interacted with Dr. Sandeep Guleria to enquire
about the medical condition of the DMP. The court was informed that the
DMP's condition last night was quite serious. His oxygen levels were low
and he is currently in ICU, but stable. His condition may improve by
tomorrow was the doctor's assessment.
Medical condition of the DMP
4.     The present petition is being heard by this Court since February 2021.
Directions have been issued in the matter from time to time by the Court.
The Court has also interacted with the DMP on 2nd June, 2021 through
video-conferencing in the presence of the Court Commissioner - Ms. Pinki,
Former District Judge.
5.     As recorded in order dated 2nd June, 2021, the DMP was unable to
respond to any of the questions put by the Court. The observations of the
Court on the said date are set out below:
            "3. Through the video conference link which was
            generated by the Court Master, the Court has
            attempted to interact with the DMP. However, the
            DMP is unable to respond to any of the questions
            which have been put by the Court. When asked as to
            with whom he is living, the response of the DMP was
            that he is living with Bhagwan and he is unable to
            answer any questions relating to his daily routine. On


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                                                             Digitally Signed By:DINESH
                                                             SINGH NAYAL
                                                             Signing Date:08.09.2021
                                                             23:06:29


            being queried as to how many children he has, he
            initially said 6 and then 5. He is also unable to state as
            to whether his children are sons or daughters or name
            them. When asked as to who is his wife, he said that he
            has one wife and her name was initially stated to be
            `Pani' and thereafter he said `Madam'.
            4. Mrs. Uma Devi also joined the hearing online in the
            presence of the Court Commissioner. She was initially
            asked about the daily routine of the DMP. She is fully
            aware of the daily routine including the medicines
            being administered to him on a daily basis. She has
            informed the Court about the DMP's daily routine. She
            states that the first time she noticed a change in the
            behaviour of the DMP was in May, 2018 when he was
            admitted in AIIMS. At that time, though he was broadly
            okay, he used to repeat his sentences. He is 81 plus and
            Dr. Kameshwar Prasad, Neurologist, AIIMS, was
            consulted at that time. Since then, there has been a
            change in behaviour. However, in December, 2020, he
            suffered an asthmatic attack and was again admitted in
            AIIMS. Subsequently, he was admitted to Apollo
            Hospital, developed pain on the right side and an
            angiography was conducted which revealed some
            blockages in the heart. Open-heart surgery was
            performed by Dr. Nanda. According to Mrs. Uma Devi,
            the DMP's physical and mental condition improved
            substantially after the open-heart surgery and he
            started walking also. In July, 2020, however he
            contracted Covid and after his treatment of Covid, he
            seems to have lost a substantial part of his memory. In
            October, 2020 he again suffered an asthmatic attack.
            In February, 2021, his oxygen levels were dropping
            and he was accordingly admitted to Apollo hospital
            and after various tests were conducted, he was
            discharged. The medicines to be given to him were also
            confirmed by the doctors. Currently, he is comfortably
            staying at home."


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                                                        Digitally Signed By:DINESH
                                                        SINGH NAYAL
                                                        Signing Date:08.09.2021
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The court had, on 2nd June 2021 also issued directions permitting Mrs.
Satula Devi to visit the DMP in his residence and the LC was permitted to
be present during the said visit and submit a report.
6.     The Court Commissioner, appointed vide order dated 28th May, 2021 ,
to ascertain the actual condition of the DMP, keeping in mind his age and
the health reports, visited the DMP's residence on 3rd June 2021 and
thereafter from time to time, as directed by the court. The LC has submitted
her reports.
7.     A Medical Board was also constituted vide order dated 4th June, 2021,
consisting of the following doctors from AIIMS, to evaluate the physical
and mental condition of the DMP:
       "i. Dr. M.V.Padma, Professor & HOD, Neurology, Chief -
       Neuroscience Centre, AIIMS, New Delhi. Email:
       [email protected] (9810819167);
       ii. Dr. Achal Srivastava, Professor Department of Neurology,
       AIIMS, New Delhi. Email: [email protected]
       (9811178784)
       iii. Dr. Nitish Naik, Professor, Department of Cardiology,
       AIIMS,     New     Delhi.    Email:   [email protected]
       (9810416170)"

The relevant portion of the order reads:
       "11. In so far as the medical review/evaluation of the DMP is
       concerned, it is noted that the DMP is currently staying at his
       residence No. 4, Safdarjung Lane, New Delhi, with Ms. Uma
       Devi and Ms. Kanchana Rai along with the staff. A complete
       list of the medicines which are being currently administered to
       the DMP have been submitted to the Court which the Court is
       yet to peruse. The last independent medical evaluation of the
       DMP by a medical board was in 2019, as directed by the Ld.

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                                                        Digitally Signed By:DINESH
                                                        SINGH NAYAL
                                                        Signing Date:08.09.2021
                                                        23:06:29


       Division Bench in was in the Habeas Corpus petition being
       W.P. (Crl.) No. 2255/2019. It has been approximately two years
       since the said medical evaluation was conducted. Thereafter, as
       was recorded on the last date, the DMP has undergone an open
       heart surgery and has also suffered from Covid-19. The Court
       also has attempted to interact with him virtually, but he has
       hardly been coherent during the said interaction. Thus, this
       Court is of the opinion that an independent medical assessment
       is required to which Dr. Singhvi submits that the DMP is
       willing for a voluntary medical assessment/review by a medical
       board.
       12. Accordingly, a Medical Board is constituted with the
       following members:
              i.     Dr. M.V.Padma, Professor & HOD, Neurology,
              Chief - Neuroscience Centre, AIIMS, New Delhi. Email:
              [email protected] (9810819167);
              ii.    Dr. Achal Srivastava, Professor Department of
              Neurology,      AIIMS,       New      Delhi.     Email:
              [email protected] (9811178784)
              iii. Dr. Nitish Naik, Professor, Department of
              Cardiology,      AIIMS,      New      Delhi.     Email:
              [email protected] (9810416170)
       The mandate of the Board, would be to conduct an overall
       assessment/review of the physical and the mental condition of
       the DMP. The Board would also make an assessment of all the
       medicines that are being currently administered to the DMP.
       The Board, may also request for all the past medical records of
       the DMP, which it may deem appropriate. Ms. Uma Devi and
       Ms. Kanchana Rai shall cooperate with the Board for enabling
       the evaluation and assessment. The board shall file a
       comprehensive report including their recommendations, by 5th
       July 2021. The report may be emailed to the Court Master at
       [email protected]"
8.     Owing to the financial status and the standing of the DMP as also the
fact that Ms. Satula Devi was living away from the DMP, this Court had
directed payment for a sum of Rs.25,00,000/- per month from the DMP's


W.P.(C) 1271/2020                                                 Page 5 of 17
                                                          Signature Not Verified
                                                         Digitally Signed By:DINESH
                                                         SINGH NAYAL
                                                         Signing Date:08.09.2021
                                                         23:06:29


account to Ms. Satula Devi.      The Court, thereafter, interacted with the
Medical Board through the virtual platform on 23rd July, 2021.                   The
members of the Board explained the mental and physical condition of the
DMP as under:
            "3. The medical board consisting of Dr. M.V. Padma
            Professor and HOD Neurology & Chief
            Neurosciences Centre, Dr. Achal Srivastava
            Professor of Neurology and Dr. Nitish Naik
            Professor of Cardiology have joined the video
            conferencing proceedings today through a separate
            link. The Court has interacted with the doctors.

            4. Dr. M.V. Padma explained the nature of fronto-
            temporal dementia to the Court and as per her, this
            condition is worse than a condition of Alzheimer's
            and would become worse over time. She stated that in
            2019 when the DMP was admitted in the AIIMS, as
            per the history recorded therein, the changes were
            noticed in DMP's behavior since 2017 i.e., two years
            before he was admitted to AIIMS. He presently
            requires assistance in most activities including
            visiting the bathroom, etc. At that time, when the
            DMP was admitted in AIIMS, the MRI of the brain
            and the PET-SCAN of the brain was also conducted.
            According to her, the DMP is incapable of taking any
            major decisions and this was the position even in
            2019. According to her, the same was recorded in the
            discharge summary when the DMP was discharged
            from AIIMS.

            5. Dr. Achal Srivastava who is a Professor of
            Neurology at AIIMS, informed the Court that he had
            examined the DMP even in 2019. At that time, in
            2019 the DMP was capable of taking smaller
            decisions such as visiting bathroom etc, however,
            according to him even then, the DMP was incapable


W.P.(C) 1271/2020                                                  Page 6 of 17
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                                                            Digitally Signed By:DINESH
                                                            SINGH NAYAL
                                                            Signing Date:08.09.2021
                                                            23:06:29


            of taking any major decisions. He also states that in
            comparison with the condition of the DMP in 2019,
            the DMP's condition has further deteriorated and he
            requires support for even all the basic activities much
            more than what it was in 2019.

            6. Dr. Nitin Naik who is Professor of cardiology has
            stated that the DMP had a history of chest pain and
            in March, 2020 he had undergone angiography. He is
            currently being given medical treatment in respect of
            his heart problem which is satisfactory."

This Court has been hearing the present matter finally since February, 2021
and on various occasions submissions have been made in respect of the
medical condition of the DMP. The concern expressed at that stage by the
ld. Senior Counsels for the parties was not to release the medical reports of
the DMP as the same may have an impact on the DMP's stature and
standing as a Member of Parliament. On 12th August, 2021, certain
applications were filed, which were considered by the Court. Copies of the
medical reports have also been released to all the parties concerned.
Proceedings in this petition:
9.     The Sr. Counsels for the Petitioners and the supporting Respondents -
i.e., Mr. Vikas Singh, Mr. K.K. Rai and Mr. Mahesh Jethmalani, have
concluded their opening submissions. On behalf of the Respondents and the
intervenor senior counsels - Mr. Gopal Subramaniam and Mr. Sandeep
Sethi, have already made detailed submissions. On behalf of Respondent
No.5, submissions commenced on 9th August, 2021 and are yet to conclude,
owing to various reasons. Since February 2021, submissions by ld. Sr.
Counsels are continuing and yet to conclude.
10.    The Court has been informed that the orders passed by this Court have


W.P.(C) 1271/2020                                                     Page 7 of 17
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                                                          Digitally Signed By:DINESH
                                                          SINGH NAYAL
                                                          Signing Date:08.09.2021
                                                          23:06:29


been challenged by way of five appeals and the same are pending. Recently
the court was informed that an SLP has been filed in this matter being SLP
(Civil) Diary No(s). 18022/2021 titled Uma Devi v. Satula Devi & Ors.,
which has been dismissed by the Supreme Court vide order dated 1st
September, 2021. The order reads as under:
            "Heard ld. senior counsel/learned counsel for the parties at
            great length.
               We are not inclined to interfere with the impugned
            order(s). The Special Leave Petitions are, accordingly,
            dismissed.
               Pending applications also stand disposed of."

11.    The matter was listed for arguments yesterday i.e., 7th September
2021, however, an adjournment was sought on behalf of Dr. A.M. Singhvi,
ld. Senior Counsel for Respondent No.5. Accordingly, the case was
adjourned for hearing on 10th September, 2021. In the meantime, the DMP
has been hospitalized, which has been brought to the notice of this Court
only this morning.
Moveable and immoveable assets of the DMP
12.    The DMP is the owner of substantial assets, both movable and
immovable. There are various bank accounts which have balances running
into crores of rupees. Currently, Respondent No.5 - Ms. Uma Devi is stated
to be the joint account holder in the bank accounts since November 2019.
13.    The issue of the management of the DMP's assets was considered by
this Court on 4th June, 2021. Considering the submissions made on behalf of
Ms. Uma Devi and Ms. Kanchana Rai, status quo was directed in respect of
all movable and immovable assets. The relevant paragraphs of the order are
set out herein below:


W.P.(C) 1271/2020                                                   Page 8 of 17
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                                                            Digitally Signed By:DINESH
                                                            SINGH NAYAL
                                                            Signing Date:08.09.2021
                                                            23:06:29


            "6. There are two accounts of the DMP, having
            substantial amounts, in which Ms. Uma Devi is stated
            to be a joint account holder and a co-signatory. On a
            query from the Court as to since when Mrs. Uma Devi
            is a joint account holder Mr. Abhinav Rao, ld. counsel
            has fairly submitted to the Court that she has been a
            joint account holder since November 2019. The Court
            notes that by November 2019, the DMP had already
            been detected with `fronto- temporal dementia', in writ
            proceedings before the Ld. Division Bench of this
            Court being W.P.(CRL) 2255/2019 R.S. v. State & Ors
            as noted in the judgment dated 20th September, 2019.

            7. In this background, since the DMP's assets
            (movable and immovable) are substantial and run into
            thousands of crores, without listing out the same, it is
            deemed appropriate to accept the voluntary statement
            made by Ms. Kanchana Rai and Ms. Uma Devi in reply
            to the application being CM 4396/2020 where it is
            stated as under:

              "That, in view of the fact that the answering
              Respondent and the Respondent No.5 have
              voluntarily offered to maintain status-quo till the
              disposal of the present writ petition, the present
              Application seeking maintaining of status-quo of
              DMPs property has become infructuous."

            Thus, it is directed that status quo shall be maintained
            in respect of all moveable and immoveable assets of
            the DMP by both Mrs. Uma Devi and Ms. Kanchana
            Rai/her family.

            ...

17. In so far as the DMP's bank accounts are concerned, the current position is that he is suffering

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.09.2021 23:06:29

from dementia and is unable to operate his own bank accounts. From the submissions made, it appears that Ms. Uma Devi and the Secretary of the DMP are operating his accounts or spending therefrom. Accordingly, the status quo, as volunteered above, shall apply to all the bank accounts of the DMP. If any amounts are withdrawn, spent or transferred from the accounts of the DMP for living needs and other expenses, a statement of such amounts and expenses incurred every month along with the bank statements of the bank accounts of the DMP shall be filed, for the perusal of the Court in a sealed cover. "

14. In terms of the above order, some bank statements have been placed on record by Respondent No.5 - Ms. Uma Devi in respect of some of the accounts in the following banks:

i. State Bank of India, Vasant Vihar branch, ii. State Bank of India, Juhu, Vile Parle Scheme Branch, Mumbai iii. Syndicate Bank Some details of fixed deposits, term deposits, immovable properties and shareholdings of the DMP have also been placed in a sealed cover. The bank statements for the period 1st July 2021 to 30th July 2021 reveal that there are substantial amounts lying in the said accounts and there is continuous in-flow of amounts to the DMP. This court is not aware of the details of the parties making the deposits or the withdrawals.

15. Apart from the amounts lying in the bank accounts and in deposits which are more than Rs. 3000 crores, the DMP is the owner of various immoveable properties which have been leased to the companies in which the DMP is a substantial shareholder viz., -

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.09.2021 23:06:29

i. Aristo Pharmaceuticals Pvt Ltd ii. Mapra Laboratories Pvt Ltd

16. The DMP also has substantial shareholding in the following companies:-

               i.     Aristo Pharmaceuticals Pvt Ltd
               ii.    Mapra Laboratories Pvt Ltd
               iii.   Aristo Laboratories Pvt ltd
               iv.    Nobel Enkem Pvt Ltd

The complete details of the bank accounts, exact amounts, details of number of shares are all not being set out in this order so as not to prejudice the parties and the assets of the DMP in any manner. The above facts however leave no doubt that the assets of the DMP are substantial in nature and run into thousands of crores.

Urgent directions owing to the DMP's medical condition:

17. Since the passing of the order dated 20th September 2019, when the diagnosis of the DMP's condition as being Fronto-temporal Dementia was made under orders of the ld. Division Bench in W.P.(Crl.) 2255/2019 titled R.S. v. State & Ors., the condition of the DMP has considerably deteriorated. It is clear to the Court that the DMP is not able to take any decision in respect of either his medical treatment or in respect of his movable and immovable assets. The physical and mental condition of the DMP has been evaluated by the Court on the basis of the following factors:-

1) Diagnosis of Fronto-temporal Dementia since 2019 and some memory loss since 2018 as per the statement of Ms. Uma Devi as recorded in order dated 2nd June 2021;

2) Heart ailments prior thereto and even thereafter;

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.09.2021 23:06:29

3) Other age related ailments;

4) Evaluation by the three-member Medical Board appointed by this Court vide order dated 4th June, 2021;

5) Interactions with the DMP through video-conferencing;

6) Reports of the Court Commissioner from time to time about the physical condition of the DMP and his everyday movements at the residence, including the support which he is currently being given by nursing assistants;

7) Hospitalisation of the DMP from time to time.

18. On the basis of all the above factors, this Court is convinced that the DMP is no longer in the physical or mental condition to take decisions either in respect of his own medical treatment or in respect of his movable and immovable assets.

19. Mrs. Satula Devi, the two sons Mr. Ranjeet Sharma and Mr. Rajeev Sharma along with their families constitute one faction. Ms. Uma Devi, Ms. Kanchana Rai - a daughter-in-law and her family constitute the other faction. The DMP is residing with the second faction at his official residence in New Delhi. Allegations are being levelled in this matter by members of both factions against each other. The hearings in this case have shown that there is no possibility of an amicable resolution at all at this stage.

20. The legal issues which have been raised by all the parties, including interpretation of the provisions of the Mental Healthcare Act 2017, the jurisdiction of this Court etc., are under consideration by this Court. Since the arguments are yet to be concluded, the Court has not yet adjudicated upon the said issues. Accordingly, irrespective of the fact that the legal issues raised are yet to be adjudicated upon, being conscious of the physical

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.09.2021 23:06:29

and mental condition of the DMP and his hospitalisation yesterday, this Court deems it fit to pass certain urgent directions, in exercise of its extraordinary parens patriae jurisdiction. The Supreme court in Shafin Jahan v. Asokan K.M. & Ors. [Criminal Appeal No. 366/2018, decided on 9th April, 2018] observed in respect of parens patriae jurisdiction as under:

"45. Thus, the Constitutional Courts may also act as Parens Patriae so as to meet the ends of justice. But the said exercise of power is not without limitation. The courts cannot in every and any case invoke the Parens Patriae doctrine. The said doctrine has to be invoked only in exceptional cases where the parties before it are either mentally incompetent or have not come of age and it is proved to the satisfaction of the court that the said parties have either no parent/legal guardian or have an abusive or negligent parent/legal guardian."

The above judgement clearly lays down that the parens patriae jurisdiction can be exercised by the writ court, to meet the ends of justice. IN the opinion of this court, the present case is an exceptional one where directions are called for owing to the factors discussed above.

21. On a query being put to Dr. Singhvi, ld. Senior Counsel who is appearing for Respondent No.5, it is submitted that insofar as the medical treatment and other decisions relating to the well-being of the DMP are concerned, Ms. Uma Devi, along with Mr. Umesh Sharma - the DMP's brother and Ms. Kanchana Rai, have been taking the decisions for the last few years. Insofar as the maintenance of the bank accounts and day to day transactions and other movable and immovable assets are concerned, one Mr. Narayanan, who is the Personal Secretary of the DMP, is stated to be carrying out the transactions under the instructions of Ms. Uma Devi.

22. Mr. Vikas Singh and Mr. K.K. Rai ld Sr. Counsels emphasise on the

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need for permitting the Petitioner, the sons of DMP and their family members including the grand children to visit the DMP in the hospital. Dr. Singhvi submits that initially the LC may be directed to visit and submit a report and the Petitioner as also the sons etc., may be permitted to visit strictly as per the hospital's visitation protocols.

23. Mr. Mahesh Jethmalani, ld. Sr. Advocate submits that Ms. Uma Devi had submitted to the Court on 2nd June 2021 that the DMP had allegedly executed a Will. He prays that the said alleged Will be called for by the Court and preserved.

24. In view of the prevalent situation and keeping in mind the physical and mental condition of the DMP, the following directions are issued:

i) Justice (Retd.) Rajiv Sahai Endlaw (M: 9717495002) is appointed as the interim guardian who shall henceforth administer the movable/immovable assets of the DMP, including all the bank accounts (individual or joint), renewal of term deposits, property leases, filing of returns, compliance of statutory formalities etc., All decisions for securing and preservation of the moveable and immoveable assets shall be taken by the interim guardian. Reports shall be filed initially on a monthly basis before this Court in respect of all actions taken;

ii) The interim guardian shall henceforth, inter alia:

a) authorise and release funds for all the expenses which are to be incurred for the medical treatment of the DMP, maintenance of his residence and expenses of persons living with the DMP, expenses for the staff, etc.;

b) take any and all steps to preserve all movable and

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.09.2021 23:06:29

immovable assets of the DMP, including amounts lying in bank accounts, fixed deposits, term deposits, shares, debentures, bonds, PPF account, pension etc.;

c) take all steps to secure the revenues of the DMP in the form of lease or rental amounts, dividends from the various companies etc.,

d) make payments to Ms. Satula Devi in compliance with order dated 4th June, 2021.

iii) The interim guardian shall be paid an honorarium of Rs.3 lakhs per month exclusive of secretarial, travelling and other expenses which shall be borne from the DMP's accounts.

iv) The interim guardian may appoint a Manager to assist him in carrying out his functions and also fix a reasonable remuneration of the said Manager.

(v) Insofar as the medical treatment of the DMP is concerned, Ms. Uma Devi, Mr. Umesh Sharma and Ms. Kanchana Rai shall be entitled to take joint decisions for the welfare of the DMP. The interim guardian Justice Endlaw (Retd) shall however be informed of his medical condition on a daily basis during the DMP's hospitalisation and thereafter on a regular basis. Ms. Satula Devi and the two sons of the DMP shall also be similarly updated as to the medical status of the DMP.

vi) Insofar as the request of the DMP's family i.e., Mrs. Satula Devi, the two sons and their families, to visit the Apollo Hospital to meet the DMP and be updated about the health condition of the DMP is concerned, they shall be permitted to

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.09.2021 23:06:29

visit the DMP at the hospital only two persons at a time. Visits shall be strictly in terms of the protocol of the Apollo Hospital, depending upon the physical condition of the DMP. The family is also free to contact Dr. Sandeep Guleria to enquire about the medical condition of the DMP;

(vii) Mr. Narayanan, Personal Secretary of the DMP who is currently stated to be maintaining all the records relating to the assets of the DMP as also all the financial documents, bank statements, deposits etc., shall meet the interim guardian on 10th September 2021, at 11.30 am and extend all cooperation.

(viii) The sealed covers, which have been filed before this Court which contain the details of the bank accounts, fixed and term deposits, details of immoveable property, details of shareholding etc., along with the bank statements, etc. shall be transmitted by the Registry/Court Master to the ld. interim guardian.

(ix) All parties shall render complete cooperation to the interim guardian in discharge of his functions.

25. The above directions shall be subject to the final decision in this matter.

26. List on 10th September, 2021, i.e., the date already fixed, for conclusion of submissions of Dr. Singhvi at 2.30pm. On the said date, a copy of the alleged Will shall be kept available for perusal of the court by ld. Counsels for Respondent no.5, and for further directions.

27. This order shall be communicated to Justice (Retd) Rajiv Sahai Endlaw - interim guardian. Copy of the order be also sent by ld. Counsels

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:08.09.2021 23:06:29

for the parties to the various companies, banks and financial institutions where the DMP's accounts are maintained, for compliance.

PRATHIBA M. SINGH JUDGE SEPTEMBER 8, 2021 Rahul/dk/t

 
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