Delhi High Court

Neeraj Kohli vs The State & Anr on 19 May, 2025

                          $~83
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                               Date of Decision: 19th May, 2025
                          +    CM(M) 930/2025
                               NEERAJ KOHLI                                  .....Petitioner
                                              Through: Mr. Varun Hans, Advocate.
                                              versus
                               THE STATE & ANR.                                .....Respondent
                                              Through: Mr. Santosh Kumar Rout, SC for SBI.
                               CORAM:
                               HON'BLE MR. JUSTICE MANOJ JAIN
                                              J U D G M E N T (oral)

1. Petitioner herein had filed a petition seeking grant of Letters of Administration.

2. There was no contest from the opposite side in the abovesaid petition and, resultantly, the petition was allowed and a Local Commissioner was also appointed for valuation of items, lying in locker.

3. It is informed that locker has already been opened and the valuation aspect has also been done.

4. Thereafter, the learned Probate Court vide order dated 16.04.2025 has directed the petitioner to furnish requisite Court Fee, Administration Bond and Surety Bond.

5. Such order is under challenge.

6. According to petitioner, since the petition in question was uncontested one, there is no requirement of submitting any such bond and in this regard, he strongly relies upon judgment of Coordinate Bench of this Court i.e. Arvind Nanda vs. State:2020 SCC OnLine Del 2922. Reference be also made to Raja Jassal vs State National Capital Territory of Delhi & Ors. in CM(M) No. 3191/2024.

7. It seems that the abovesaid prayer has not been, specifically, made before the learned Trial Court and there is no opinion or finding by the learned Trial Court on the abovesaid aspect.

8. In view of the above, the present petition is disposed of with liberty to the petitioner to move appropriate application, seeking exemption from submission of Administration Bond and Surety Bond. It is expected that, as and when, any such application is moved by the petitioner, the learned Trial Court, after giving due opportunity of hearing to both the sides, shall dispose of the same, in accordance with law.

9. Needless to say, in case, the petitioner is, again, aggrieved by the outcome thereof, he would be at liberty to take appropriate action, as permissible under the law.

10. Petition stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE MAY 19, 2025/sw/SS