High Court of DelhiW.P.(C)/14660/2023

Shreya Kapoor v. Investor Education And Protection Fund Authority (Iepf) & ORS.

2024-02-16Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14660/2023 & CM APPL. 58315/2023 SHREYA KAPOOR ..... Petitioner Through:

Petitioner in person.

versus INVESTOR EDUCATION AND PROTECTION FUND AUTHORITY (IEPF) & ORS.

..... Respondents Through:

Ms. Pratima N. Lakra, CGSC with Ms. Vrinda Baheti, Advocate for R-1.

Ms. Priya Bhola, SRF Ltd.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 16.02.2024 1.

The Petitioner has approached this Court with the following prayers: "(i) The Hon'ble court be pleased to Issue a writ of Mandamus or any other appropriate writ directing the IEPF Authority to immediately refund to the Petitioner the Shares and dividends listed under the Succession Certificate dated 26th July, 2023 granted in favour of the Petitioner in Succession Petition No. 66 of 2020 held with them to her DEMAT account.

(ii) The Hon'ble Court be pleased to Issue a writ of Mandamus or any other appropriate writ calling for the papers giving details of all the shares and dividends currently and previously held with the IEPF Authority in the name of the Petitioner and her family members more particularly laid out in Annexure P -5 (iii) Pass any such other orders as it may deem fit to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

this Hon'ble Court in the facts and circumstances of the case."

This Court on 08.11.2023 had issued notice in the writ petition and passed the following Order:

"1. The Petitioner has approached this Court for a direction to Respondent No.1 to refund the shares and dividends as mentioned in the Succession Certificate dated 26.07.2023 to the Petitioner herein.

2. Material on record indicates that the Succession Certificate dated 26.07.2023 has been granted by the Court of ACJ-CCJ-ARC, South-East, Saket Courts, Delhi in favour of the Petitioner herein in respect of the shares held by the father of the Petitioner.

3. Issue notice.

4. On payment of process fee, let notice be issued to the Respondents through all permissible modes, including Dasti.

5. List on 14.02.2024."

A written submission has been filed by Respondent No.2/SRF limited stating that as per the records of SRF limited, 1430 equity shares (Post Bonus) held in the name of the deceased Mr. Deepak Chowdhry have been transferred to The Respondent No.1/Investor Education and Protection Fund Authority in accordance with the requirements as set out in the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016.

In view of the fact that the Petitioner has already filed a Succession Certificate dated 26.07.2023 and approval of claim on 04.08.2023, and also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

keeping in mind the fact that the shares have already been transferred to Respondent No.1/Investor Education and Protection Fund Authority by the Respondent No.2/SRF limited, this Court does not find any impediment in granting the reliefs as sought for by the Petitioner in the writ petition. 5.

The Respondent No.1/Investor Education and Protection Fund Authority is directed to transfer the aforesaid shares and unclaimed dividend in favour of the Petitioner within a period of four weeks from today. 6.

In view of the above, the writ petition is allowed. Pending applications, if any, stand disposed of.

SUBRAMONIUM PRASAD, J FEBRUARY 16, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.