O R D E R

% 11.09.2024 EX.P. 93/2022 Directions qua HDFC Bank

1. Mr. Amol Sharma, Advocate appears on behalf of the HDFC Bank. EX.P. 93/2022 Page 1 of 12 He states that late Shri P. R. Seniaray held a saving bank account and a demat account with HDFC Bank and/or its associate concern i.e., HDFC Securities. He states that the estimated current value of the shares in the demat account is approximately Rs.15,89,000/-.

2. He states that with respect to amount standing in the saving bank account, the same shall be deposited with the Registrar General of this Court within one (1) week. He states that with respect to the demat account, the bank ordinarily requires a succession certificate for permitting the operation of the said account. He states that parties have not informed the bank with respect to the death of the account holder.

3. In the facts of the present case, the decree holder nos. 1 to 3 and judgment debtor nos.1 to 6 are the only legal heirs of late Shri P. R. Seniaray and the movable estate of late Shri P. R. Seniaray has to be divided between these legal heirs in these proceedings.

4. Accordingly, this Court deems it appropriate that the shares standing in the demat account held with HDFC Bank be liquidated and the amount realized thereon be deposited with the registry of this Court for the purpose of distributing the same between the legal heirs.

5. Since the legal heirs of late Shri P. R. Seniaray are eight (8) in number and have acrimonious relationship to facilitate the encashment, the Court Auctioneer-Mr. Pramod Saigal, Advocate is hereby authorized to execute all the necessary documents required by the HDFC Bank for the purpose of selling the shares lying in the said demat account, with the direction that all money realized from the sale of the shares therein will be credited into the existing savings bank account of late Sh. P.R. Seniaray held with the HDFC Bank.

EX.P. 93/2022 Page 2 of 12

6. The HDFC bank is thereafter directed to remit all the amounts collected from the sale of the said shares in the savings account with the Registry within two (2) weeks thereafter.

7. The judgment debtor no.4 states that he has in his possession original dividend warrants issued by HDFC Bank in favour of late Shri P. R. Seniaray. He is directed to provide all those dividend warrants in the first instance to the Court Auctioneer with a covering letter. The Court Auctioneer is thereafter directed to provide the said dividend warrants to the concerned Manager of HDFC and whereupon, HDFC after verifying those dividend warrants is directed to revalidate them and credit them into the savings bank account of late Shri P. R. Seniaray.

8. Learned counsel appearing for the HDFC Bank states that the saving bank account has been lying dormant due to the non-provision of the KYC details. The HDFC is hereby directed to activate the said bank account so as to comply with the directions issued by this order.

9. The fee of Mr. Pramod Sehgal for executing this aspect of the commission is fixed at Rs.50,000/-. The fee of Rs.50,000/- will be paid over by the registry from the funds deposited in the Court after the compliance of the formalities with the HDFC Bank upon receiving a request letter from the Court Auctioneer.

Directions to Allahabad Bank

10. As per the record of the Registry, the Allahabad Bank has already been served; however, none appears on behalf of the Allahabad Bank. The decree holders state that the Allahabad Bank has now merged with Indian Bank.

11. The Registry is directed to issue notice to the nominated counsel of Indian Bank with the copy of the order dated 23.04.2024 for compliance.

EX.P. 93/2022 Page 3 of 12

12. List before the learned Joint Registrar (J) on 20.09.2024. EX.APPL.(OS) 1113/2024 (under Section 151 of CPC, 1908)

13. This is an application filed by judgment debtor nos. 2 and 5 seeking a direction to the judgment debtor no.1 for handing over vacant possession of the suit property bearing House No.5/189, Sunder Vihar, New De