Partly allowed

Mr Nirmal David v. Ms Ruchika Gill & Anr.

Delhi HC3 Oct 2024CS(OS)/749/2022

Case brief

AI extract

What is this about?

The High Court allowed the impleadment of Amrit Kaur Gill, consolidated two suits, and disposed of the matter by taking on record a settlement agreement regarding the estate of the deceased, passing a decree based on the terms and directing release of bank locker contents.

What did the court decide?

The settlement agreement dated 02.09.2024 was taken on record; a decree was passed in terms thereof; the Bank Manager was directed to de-seal the locker and release contents;

Mr Nirmal David Vs Ms Ruchika Gill & Anr. — Succession and Inheritance | Delhi HC (2024)

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$~5, 8 &15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 354/2022 & I.A. 9433/2022, I.A. 9434/2022, I.A. 15011/2023 I.A. 15219/2023, I.A. 40434/2024

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AMRIT KAUR GILL .....Plaintiff Through: Mr. S Santanam Swaminadhan, Mr. Kartik Malhotra, Mr. Darsh Bansal, Ms. Abhilasha Shrawat, Advocates Plaintiff through her SPA Mr. Kuljeet Singh Gill (Through VC) versus RUCHIKA GILL & ORS. .....Defendants Through: Mr. Rudra Dutta, Ms. Ruksana, Ms. Rashvi Dutta, Mr. Annirudh Sharma, Mr. Pulkit Dwivedi, Mr. Pulkit Dwivedi, Advocates for defendant no. 1 Mr. Shubham Singh, Advocate for respondent no. 2 Mr. Anindit Mandal, Advocate for defendant no. 3 and 4. Mr. Dhruv Chawla, Advocate along with parties (through VC) for LRs of defendant no. 5 D-3 in person (Through VC) D-4 in person (Through VC)

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- CS(OS) 749/2022 & I.A. 20229/2022, I.A. 20230/2022, I.A. 39600/2024

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CS(OS) 354/2022 Page 1 of 6

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2024 at 15:52:35

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MR NIRMAL DAVID .....Plaintiff Through: Mr. Dhruv Chawla, Advocate along with parties (through VC) for LRs of Plaintiff.

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versus

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MS RUCHIKA GILL & ANR. .....Defendants Through: Mr. Rudra Dutta, Ms. Ruksana, Ms. Rashvi Dutta, Mr. Annirudh Sharma, Mr. Pulkit Dwivedi, Mr. Pulkit Dwivedi, Advocates for defendant no. 1 (through VC) Mr. Shubham Singh, Advocate for respondent no. 2 Mr. S Santanam Swaminadhan, Mr. Kartik Malhotra, Mr. Darsh Bansal, Ms. Abhilasha Shrawat, Advocates for defendant no. 3 15.

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TEST.CAS. 23/2021 & I.A. 39972/2024 RUCHIKA GILL .....Petitioner Through: Mr. Rudra Dutta, Ms. Ruksana, Ms. Rashvi Dutta, Mr. Annirudh Sharma, Mr. Pulkit Dwivedi, Mr. Pulkit Dwivedi, Advocates with petitioner (through VC)

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versus

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STATE (NCT OF DELHI), THROUGH THE SECRETARY, DEPARTMENT OF REVENUE .....Respondent Through: Mr. Dhruv Chawla, Advocate along with parties (through VC) for LRs of

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CS(OS) 354/2022 Page 2 of 6

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2024 at 15:52:35

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objector.

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Mr. Shubham Singh, Advocate for respondent no. 2

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Mr. S Santanam Swaminadhan, Mr. Kartik Malhotra, Mr. Darsh Bansal, Ms. Abhilasha Shrawat, Advocates for respondent no. 3

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CORAM:

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HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R

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% 03.10.2024

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I.A. 39600/2024 in CS(OS) 749/2022 (Application on behalf of the applicant, Ms. Amrit Kaur Gill for impleadment and consolidation).

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This is an application filed by Ms. Amrit Kaur Gill seeking her impleadment in the captioned suit as defendant no. 3 and consolidation of CS(OS) 749/2022 with CS(OS) 354/2022.

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The prayer of impleadment has been allowed vide order dated 19.09.2024 passed by learned Joint Registrar (J).

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Learned counsels for the non-applicants i.e. plaintiff, defendant no. 1 and defendant no. 2 state that they have no objection to the relief of consolidation being allowed.

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Accordingly, the application is allowed and it is directed that CS(OS) 749/2022 and CS(OS) 354/2022 shall stand consolidated.

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CS(OS) 354/2022 and CS(OS) 749/2022

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The parties have filed I.A. 40434/2024 in CS(OS) 354/2022 for taking on record the settlement agreement dated 02.09.2024 executed between the parties under the aegis of Delhi High Court Mediation and Conciliation

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CS(OS) 354/2022 Page 3 of 6

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2024 at 15:52:35

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Centre.

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Defendant nos. 1, 2, 3, 4 and LRs of defendant no. 5 in CS(OS) 354/2022 have joined the proceedings through video conferencing. Mr. Kuljeet Singh Gill is the SPA holder of the plaintiff in CS(OS) 354/2022, who is his mother. Mr. Kuljeet Singh Gill is the defendant no. 3 in the said suit.

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Learned counsels for the parties in CS(OS) 354/2022 jointly state that the settlement agreement dated 02.09.2024 has been drawn up between the parties after due consultation with their family members, obtaining legal advice from their respective counsels and under the guidance of the Mediator.

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3.1 They state that parties have executed the settlement agreement out of their own free will and are satisfied with the terms of the settlement. They state that the material terms of settlement are set out at Clauses 1 to 7. They state that with the aforesaid settlement agreement all claims of the parties with respect to estate of late Sh. Amardeep Singh Gill stand satisfied.

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3.2 They state that parties have agreed that defendant no. 1 i.e. Ms. Ruchika Gill will also seek withdrawal of TEST.CAS. 23/2021 pending before this Court and Succession Petition No. 23/2020 pending before the Dwarka District Courts, in view of the settlement arrived between the parties and would not press for letters of administration.

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3.3 They state that the parties seek a direction to the Bank Manager, Punjab National Bank, Palam Branch with respect to release of contents of the locker linked with Bank Account No.08902010013820.

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In view of the submissions of the parties and considering the terms of the settlement agreement dated 02.09.2024, this Court is of the considered

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CS(OS) 354/2022 Page 4 of 6

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2024 at 15:52:35

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opinion that the settlement agreement entered into between the parties is lawful. Accordingly, the prayers sought in the application are allowed and both the suits i.e., CS(OS) 354/2022 and CS(OS) 749/2022 are disposed of taking on record the settlement agreement dated 02.09.2024 and a decree is passed in terms thereof.

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It is directed that the terms of settlement agreement shall form part of the decree. The registry is directed to draw up a decree accordingly.

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In addition, the Bank Manager, Punjab National Bank is directed to de-seal the belongings found in the locker registered in the name of late Shri Amardeep Singh Gill held in Punjab National Bank, Palam branch linked with Bank Account No. 08902010013820 in the presence of the representatives of the parties on or before 14.10.2024 during banking hours and handover the contents to Mr. Neeraj David i.e. defendant no. 5(ii).

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The parties herein have agreed that Mr. Neeraj David shall distribute the belongings in the terms of the settlement agreement dated 02.09.2024 at the said bank itself. To enable the distribution, the concerned Bank Manager is requested to provide table space/conference room to the parties for a limited period on the said date in the bank premises.

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Pending applications stands disposed of and the interim order stands vacated.

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The defendant no. 1 will ensure that Succession Petition No. 23/2020 is withdrawn in accordance with the terms of the settlement. TEST.CAS. 23/2021

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Learned counsel for the petitioner states that in view of the settlement agreement dated 02.09.2024, the petitioner has instructions to withdraw the present petition.

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CS(OS) 354/2022 Page 5 of 6

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2024 at 15:52:35

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The petition is accordingly dismissed as withdrawn.

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Pending applications stand disposed of.

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CS(OS) 354/2022, CS(OS) 749/2022 and TEST.CAS. 23/2021

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All future dates stand cancelled. The registry is directed not to list this matter any further.

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MANMEET PRITAM SINGH ARORA, J

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OCTOBER 3, 2024/ mt/AKT

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Click here to check corrigendum, if any

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CS(OS) 354/2022 Page 6 of 6

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2024 at 15:52:35

Mr Nirmal David v. Ms Ruchika Gill & Anr.

Case brief

What is this about?

What did the court decide?

Mr Nirmal David v. Ms Ruchika Gill & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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