Disposed

Ram Niwas Gupta v. Bindu Singh & Ors.

Delhi HC12 Apr 2017FAO/348/2011

Case brief

AI extract

What is this about?

The High Court directed a show cause notice to the Commissioner for failing to keep deposited amounts in fixed deposit. The Registrar was directed to disburse transferred funds, and the appellant was ordered to file an affidavit of assets.

What did the court decide?

Show cause notice issued to Commissioner regarding non-fixed deposit of funds. Registrar directed to disburse amount to respondent. Appellant directed to submit affidavit of assets.

Ram Niwas Gupta Vs Bindu Singh & Ors. — Pension and Retirement Benefits | Delhi HC (2017)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO 348/2011

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RAM NIWAS GUPTA ..... Appellant Through: Mr. Anil Sehgal, Adv. along with appellant in person.

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versus

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BINDU SINGH & ORS ..... Respondents Through: Mr. K.V. Sreemithun, Ms.Chahat Khurana, Advs. for respondents no.1 and 2.

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CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

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O R D E R % 15.05.2017 1. The appellant deposited a sum of Rs.2,13,114/- with the Commissioner, Employees’ Compensation on 3^rd August, 2011 out of which 40% amount was released by the Commissioner, Employees’ Compensation in terms of the order dated 8^th August, 2011 passed by this Court and the balance amount of Rs.1,27,874/- has been transferred by the Commissioner, Employees’ Compensation to the Registrar General of this Court in terms of the judgment dated 12^th April, 2017.

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It appears that the Commissioner, Employees’ Compensation did not keep the balance 60% amount in fixed deposit and therefore, the said amount has not earned any interest. This is in clear violation of the orders of this Court as well as the undertaking given by the Commissioners that the amounts deposited by the claimants have been kept in fixed deposit.

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In National Thermal Power Corporation Ltd. v. Hari Chander , FAO 262/2011, following statement was made on behalf of Commissioners, Employees’ Compensation of GNCTD on 15^th July, 2016:

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“….It is further submitted that all the amounts deposited with

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Commissioner, Employees’ Compensation have been kept in fixed deposit and henceforth, the Commissioner, Employees’ Compensation shall ensure that the future amounts deposited with them shall also be kept in fixed deposit.”

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Show cause notice is hereby issued to the Commissioner, Employees’ Compensation to show cause as to why the balance 60% amount deposited by the appellant was not kept in fixed deposit till date. The reply to the show cause be filed within a period of four weeks from today.

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With respect to Rs.1,27,874/- transferred by the Commissioner, Employees’ Compensation to this Court, the Registrar General is directed to disburse the said amount by instructing UCO Bank, Delhi High Court Branch by transferring the said amount to respondent no.1-Bindu Singh in her savings bank account No.31509751347 with State Bank of India, Ayodhya, Naya Ghat Road (IFSC Code SBIN0002510) within a period of four weeks from today.

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With respect to the interest on the award amount, the appellant present in Court along with his counsel submits that he does not have the means to deposit the interest in terms of the judgment dated 12^th April, 2017. The appellant is directed to file the affidavit of his assets, income and expenditure as on the date of the accident i.e. 14^th November, 2011 as well as today in the format attached hereto as Annexure A along with the documents mentioned therein within a period of four weeks from today.

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With respect to the show cause notice issued to the appellant to show cause as to why penalty be not imposed, learned counsel for the appellant has handed over the reply to the show cause notice which is taken on record. Copy of the same is handed over to learned counsel for the respondent.

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List for further hearing on 13^th July, 2017.

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The appellant shall remain present in Court on the next date of hearing.

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The personal appearance of respondent is exempted on the next date of hearing.

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Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

MAY 15, 2017/ dk

ANNEXURE A

FORMAT OF AFFIDAVIT OF ASSETS, INCOME AND EXPENDITURE* AFFIDAVIT

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I _______________________, son of / wife of ___________________, aged about ____

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years, resident of ___________________________, do hereby solemnly affirm and declare as under:

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PART - I

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PERSONAL INFORMATION RELATING TO THE DEPONENT

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Sl No.	Description	Particulars
1.	Name
2.	Age
3.	(a) Residential address
	(b) E-mail address
4.	Marital Status
5.	Members of the family: (a) Dependent (b)Independent
6.	Number of children(s) with their name(s) and age(s)
7.	Educational qualifications
8.	Professional qualifications
9.	Occupation
10.	Monthly income (Give details in Part II)
11.	Monthly expenditure ( Give details in Part III )
12.	Expenditure on the education of the Children (Give detailsinClause 3 of PartIII)
13.	Whether you are assessed to Income Tax?
14.	Name of your counsel and his/her e-mail address

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**_Note – In case of a Company, the affidavit of assets, income and expenditure shall be filed by all the Director(s). In case of a Partnership Firm, the affidavit of assets, income and expenditure shall be filed by all the Partners._*

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PART-II STATEMENT OF INCOME

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S.No		Description
1.	*In ca*	*se of salaried persons* :
	(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)	Designation Name and address of the employer Date of employment Gross Income including the salary, D.A., commissions/incentives, bonus, perks etc. Perquisites and other benefits provided by the employer including accommodation, cars/other automotive, sweeper, gardener, watchman or personal attendant, gas, electricity, water, interest free or concessional loans, holiday expenses, free or concessional travel, free meals, free education, gifts, vouchers, etc. credit card expenses, club expenses, use of movable assets by employees, transfer of assets to employees, value of any other benefit/amenity/service/ privilege and the value of such perquisites and benefits Deductions from the gross income Income tax paid Net income Value of stock option benefits, if provided by the employer Pension and retirement benefits payable at the time of retirement
2.	*In ca* (i) (ii)	*se of self-employed persons* : Nature of business/profession Whether the business/profession is carried on as an individual, sole proprietorship concern, partnership concern, company or association of persons, HUF, joint family business or any other form. Give particulars of your share in the business/ profession. In case of partnership, specify the share in the profit/losses of the partnership

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(iii)	Number of employees
(iv) (v) (vi) (vii) (viii)	Annual turnover/gross receipts Gross Profit Income Tax Net Income Details and value of benefits in kind, perks or other remuneration received from the business e.g. provision of car, payment of accommodation etc
(ix) (x) (xi)	Amount of regular monthly withdrawal or drawings from the business Current value of your business interest(s) Current value of your business assets
(xii) (xiii)	List of directorships held, sitting fees, commission or any other remuneration Net worth of the company in which you are Director along with the number of shares held in the Company
3. *In ca*	*se of Company/Partnership Firm:*
(i)	Information and particulars with regard to the shareholding, involvement in the affairs and management of the firm/company
(ii)	List of all the bank accounts of the firm/company
(iii)	Names and residential addresses of the Directors of the firm/company along with their PAN numbers and DIN numbers, as well as complete particulars of all moveable and immovable assets held in their personal names and the dates of their acquisition, and the nature of the right, title and interest therein
(iv)	Address of the Registered Office and the Corporate or branch offices, if any, of the firm/company
(v)	Location of the statutory records and books of account of the firm/company
(vi) (vii)	List of immovable assets, land and building etc. of the firm/company as on the date of the award/order. List of immovable assets,land and buildingof

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		the firm/company as on the date of filing the affidavit
	(viii) (ix)	List of the movable assets of the firm/company, their location and value Details of the debtors and creditors of the firm/company with their complete addresses and
	(x)	Details of workmen/employees and any amount outstanding to them
	(xi)	Whether the firm/company have assets/means to satisfy the decree?
4.	*Inco*	*me from Other Sources* :
	(i) (ii)	Agricultural Income Rent
	(iii)	Interest on bank deposits and FDRs
	(iv)	Interest on investments including deposits, NSC, IVP, KVP, Post Office schemes, PPF, loans etc.
	(v)	Dividends
	(vi) (vii) (viii)	Income from machinery, plant or furniture let on hire. Gifts Profit on sale of movable/ immovable assets
5.	Any	other income not covered above
	TOT	AL MONTHLY INCOME

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PART III

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STATEMENT OF EXPENDITURE

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S. No.	M	onthly expenditure
1.	Housing	Monthly rent
		Mortgage payment(s)
		Repairs & Maintenance
		Property tax
2.	Household expenditure	Groceries/Food/Personal care/clothing

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		Water Electricity
		Gas
		Telephone
		TV Cable/Set-top Box charges & Internet services
		Maintenance, replacement and repair of household items, appliances and kitchenware items.
		Telephone
		Domestic full time/part time servant(s)
		Others (specify)
3.	Expenditure on Children	School fees
		Crech/Day Care/After school care
		Books/Stationery
		Private Tuitions
		Sports
		Outings/summer camps/vacations
		Entertainment
		Others
4.	Transport	(i) Car/Scooter
		(a) Driver(s)
		(b) Fuel
		(c) Repair/Maintenance
		(d) Insurance
		(e) Loan repayment
		(ii) Public Transport

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		(a) Bus
		(b) Taxi
		(c) Metro
		(d) Auto
5.	Medical expenditure	Doctor
		Medication
		Hospital
		Other medical expenditure
		Others (specify)
6.	Insurance	Life
		Annuity
		Householders
7.	Entertainment d ti	Club
	an recreaon	Health Club
		Gym
8.	Holiday and vacations
9.	Gifts
10.	Pocket money/allowan	ce
11.	Legal/litigation expen incurred in this litigat	ses including expenses ion
12.	Discharge of Liabilities	Credit card(s) payment
		Hire purchase/lease
		(i) Repayment of Loans
		(a) House loan
		(b) Car loan
		(c) Personal loan
		(d) Business loan
		(e) Any other loan

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		(ii) Name of the lenders
		(iii) Mode of repayment
		(iv) Instalment amount
		(v) Other personal liabilities
13.	Miscellaneous	Newspapers, magazines, books
		Religious contributions/ Charities
		Others (specify)
14.	Other expenditure (not specified above)
TOTA	L MONTHLY EXPE	NDITURE

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PART - IV STATEMENT OF ASSETS

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S. No.	Assets	List of On the date when the claim was raised	Assets On the date when order was passed	Present Estimated Market Value
1.	*Real Estate* Including land, built up properties, lease hold properties, agricultural land and investment in real estate such as booking of plots, flats and other immovable properties in your name and joint names. List any interest in properties, including lease hold interest and mortgages, whether or not you are registered as owner. Provide legal descriptions and indicate estimated market value of your interest without deducting encumbrances or costs of disposition.) (Record encumbrances under debts.)

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2.	Joint Properties Particulars of the joint property in the name/names of the joint owners and the share of the deponent. Give the status of their possession. Whether any litigation pending with respect to the joint property? If so, give particulars.
3.	*Financial Assets* :	Account No. & Name of Bank	Balance at the date of this Statement
	(i) Details of all bank accounts including Current and Savings Accounts in your name, or joint name and balance in the said account (ii) Cash in hand
4.	*Investments* Details of all investments you hold or, in which you have interest and their current value: (i) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc. (ii) Deposits with Government and Non-Government entities (iii) Stocks, shares, debentures, bonds, units and mutual funds, etc. (iv) Life and endowment policies and surrender value (v) Loan given to friends, relatives and others (vi) Other investments not covered byabove items	Particulars	Current Value
5.	*Pensions and Retirement Savings* *Plan*	Particulars	Maturity amount
	Indicate name of institution where accounts are held, name and address of pension plan and pension details.

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6.	*Corporate/Business Interests*	Particulars	Current value
	List any interest you hold, directly or indirectly, in any corporation, unincorporated business, partnership, trust, joint venture and Association of Persons, Society etc.
7.	*Movable Assets*	Particulars	Current value
	(i) Motor Vehicles (List cars, motorcycles, scooters etc. along with their brand and registration number) (ii) Livestock (iii) Mobile phone(s) (iv) Computer/Laptop (v) Other electronic gadgets including I-pad etc. (vi) TV, Fridge, Air Conditioner, etc. (vii) Other household appliances (viii) Quantity of gold, silver and diamond jewellery (ix) Quantity of Silver Utensils
8.	*Intangible properties* Including patents, trademark, copyright design and goodwill and their value
9.	*About disposal of properties* Particulars of properties (movable as well as immovable) sold/agreed to be sold between the date on which the claim was raised upto the date of filing this affidavit and the sale consideration received from the purchaser	Particulars	Estimated market value
10.	*Others* List anything else of value that you own, including precious metals, collections,works of art, jewelleryor	Particulars	Estimated current value

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household items Include location of lockers.	of any	high safety	value. deposit

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PART - V STATEMENT OF LIABILITIES

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S. No.	Description	Particulars of Debts	Current Value
1.	*Secured debt(s)*
	List all mortgages, loans, and any other debt secured against an asset
2.	*Unsecured Debt(s)*
	List all bank loans, personal loans, credits, overdrafts, credit cards and any other debts
3.	*Other* List any other debts, including obligations that are relevant to a claim

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PART – VI

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GENERAL INFORMATION RELATING TO THE STATUS, STANDARD OF LIVING AND LIFESTYLE

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S.	Description	Particulars
No.
1.	Name of school(s) where the child or children are studying
2.	Area of residential accommodation (in sq. feet)
3.	Who is the owner of the residential accommodation? In case of rented accommodation, specify the monthly rent
4.	Number of part-time/full time domestic servants and their wages
5.	Average monthly withdrawal from bank(s)
6.	Mode of travel in city/outside city

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7.	Membership of clubs/health clubs/gyms, societies and other associations. Specify the membership fee and subscription
8.	Particulars of credit/debit cards, its limit and usage
9.	Particulars of frequent flier cards
10.	Frequency of foreign travel, business as well as personal
11.	Category of hotels ordinarily used for stay, official as well as personal
12.	Category of hospitals opted for medical treatment including type of rooms
13.	Brand of vehicle, mobile and wrist watch
14.	Expenditure ordinarily incurred on family functions including birthday of the children
15.	Expenditure ordinarily incurred on festivals
16.	Expenditure on marriage of family members
17.	Status of the deponent/family: - High - Upper Middle - Middle - Lower Middle - Low - Below poverty line

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PART – VII

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DOCUMENTS RELATING TO ASSETS, INCOME AND EXPENDITURE OF THE DEPONENT

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PART A

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DOCUMENTS RELATING TO PERSONAL INFORMATION

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S. No.	Document	Description of Document
1.	Aadhaar Card
2.	PAN Card
3.	Passport
4.	Driving Licence
5.	Ration Card
6.	Voter ID

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PART B DOCUMENTS RELATING TO INCOME, ASSETS AND LIABILITIES

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S. No.	Document	Description of Document
1.	Statement of Account of all bank accounts including current and savings accounts for last 3 years
2.	Income Tax Return(s) along with Statement of Income and Annexures for last 3 years
3.	*In case of Salaried Persons*
	(i) Appointment Letter (ii) Salary slip (iii) Forms 16, 16A & 12BA (iv) Cost to Company Certificate and CIBIL Certificate, wherever applicable (v) Copies of TDS certificates

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4.	*In ca*	*se of self-employed persons*
	(i)	Balance Sheet and Profit &
		Loss Account
	(ii)	Balance Sheet and Profit &
		Loss Account of the
		proprietorship firm, if the
		business is carried on in the
		name of a sole proprietorship concern
	(iii)	Balance Sheet and Profit & Loss Account of the
		partnership firm, if the
		deponent is a partner in a firm along with the Schedule showing the distribution of partners’ remuneration and share of profits/losses of the partnership firm and the copy of the partnership deed.
	(iv)	Balance Sheet and Profit & Loss Account of the Company
		in which the deponent is a Director
	(v)	Balance Sheet and Profit &
		Loss Account of the Association of Persons, HUF, Joint Family business or trust
		in which the deponent has share
	(vi)	Copies of TDS certificates
5.	^{In ca} *sourc*	^{se of Income from other} es :
	(i)	Lease Deed(s)/Rent
		Agreement(s) /Licence
		Agreement(s) in respect of the rental income
	(ii)	Interest Certificate in respect
		of the interest income on deposits and investments
	(iii)	Dividend Certificates in

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	respect of dividend income
(iv)	Sale Deed(s)/tran documents in respect of profit on sale property/properties	sfer the of
6. Other Incom	relevant documents relating e/Assets	to
7. Other liabili	relevant documents relating ties	to

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	PART C DOCUMENTS RELATING TO EXPENDITURE
8. ⁽ⁱ⁾ (ii)	Documents relating to the expenditure on education of children including tuition fees Rent and maintenance receipts
(iii)	Electricity, water, security and gas bills
(iv)	Documents relating to the salary paid to the employees including servant(s)
(v)	Documents relating to expenditure on conveyance
(vi)	Debit and Credit Card statements
(vii) (viii)	Frequent Flier’s Card statements Mobile and landline phone bills
(ix)	Internet and TV cable/ Set -Top Box bills
(x)	Documents relating to the re- payment of the loans
(xi)	PPF, EPF and other
	superannuation fund receipts
(xii)	Receipts of premium of insurance policies
(xiii) (xiv)	Receipts of payments in respect of mutual funds Documents relating to payment of interest on bank and other loans
(xv)	Documents relating to the

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payment of taxes, including Income Tax, Wealth Tax and Property Tax (xvi) Other relevant documents relating to Expenditure

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Declaration:

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I declare that I have/do not have means to satisfy the order/decree/award.

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I declare that I have made full and accurate disclosure of my income, expenditure, assets and liabilities from all sources. I further declare that I have no assets, income, expenditure and liabilities other than set out in this affidavit.

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I undertake to inform this Court immediately upon any material change in my employment, income, expenses or any other information included in this affidavit.

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I understand that any false statement in this affidavit may constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment upto seven years and fine, and Section 209 of Indian Penal Code punishable with imprisonment upto two years and fine. I have read and understood Sections 191, 193 199 and 209 of the Indian Penal Code.

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DEPONENT

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Verification:

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Verified at ____________on this ____ day of ___________ that the contents of the above affidavit relating to my assets, income and expenditure are true to my knowledge, no part of it is false and nothing material has been concealed therefrom. I further verify that the copies of the documents filed along with the affidavit are the copies of the originals.

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DEPONENT

Ram Niwas Gupta v. Bindu Singh & Ors.

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Ram Niwas Gupta v. Bindu Singh & Ors.

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