SANJEEV KUMAR JUNEJA & ORS. Vs. STATE

JUDGEMENT

(1.) I.A. 11806/2016 This is an application filed by petitioners/applicants seeking exemption from filing surety bond with surety documents.

(2.) In this case, the petitioners had filed the present petition under Sec. 372 of the Indian Succession Act for grant of a Succession Certificate in respect of shares, debentures and securities owned by their mother, late Smt. Krishna Kumari Juneja. Vide judgment dated 16.12.2015, the present petition was allowed and a Succession Certificate was granted in favour of petitioner no.1 with respect to 2240 shares (2040+200) held by late Smt. Krishna Kumari Juneja with Hindustan Lever Limited. Petitioner no.1 was also directed to pay the requisite court fees on the value of the shares as reflected by the NSE on 3.7.2005 and furnish the requisite Administrative Bond and Security Bond.

(3.) Learned counsel for the petitioners submits that the court fee in the sum of Rs.51,772.00 has been deposited on 10.2.2016 and the Administrative Bond also stands deposited on 17.2.2016. Counsel further submits that the legal heirs of late Smt. Krishna Kumari Juneja are the three sons, who are the petitioners herein. It is contended that all the petitioners contested the matter jointly, petitioners no.2 and 3 had filed their affidavits giving no objection and in the order dated 16.12.2015 it has been recorded by the Court that petitioners no.2 and 3 had made a statement before the Joint Registrar on 14.12.2015 that they do not have any objection if a Succession Certificate is granted in favour of petitioner no.1. Counsel, in these circumstances, prays that furnishing of Surety Bond be dispensed with.