Full Text
HIGH COURT OF DELHI
Date of Decision: 27th September, 2024
AYRA ROY .....Petitioner
Through: Mr. Sanjeev Agarwal and Mr. Ekansh Agarwal, Advs. (M:9717911621)
Through: Mr. Anurag Ahluwalia (CGSC)
Ms. Abiha Zaidi, Ms Suriti Chowdhary, Mr. Pritam R. Giriya, Mr. Anuj Bhave, Mr. Sudhanshu Sharma and Ms. Devna Arora, Advs. for EXL Services. (M: 9713413083)
Ms. Ruchi Sindhwani, Sr. Standing Counsel for OL
Mr. Anand Shankar Jha, Mr. Parvez Rahman, and Mr. Sachin Mintri, Advs. for HDFC Bank.
(M:9899617989, 7428307214)
& Mr. Ankit Panchal (Dep. Manager, HDFC Bank)
SI Puran Singh on behalf SHO Dabri
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The writ petition concerns an unfortunate case of a minor child, who lost both her parents during COVID-19. The petition has been filed by the minor child through her maternal aunt (Mausi) seeking a direction for 15:28 securing of the entire assets left behind by her deceased parents. The present petition has been heard at length by this Court on 11th April, 2023, 24th July, 2023, 4th September, 2023, 10th November, 2023, 11th December 2023 and 30th August, 2024; and several directions have been issued by this Court to consolidate and liquidate the various assets left behind by the parents.
3. The Registry is directed to reflect the cause title in cause list as per the order passed today. CM APPL.21475/2022 (for directions)
4. This is an application filed by the Petitioner seeking directions towards release of death claim benefits and amounts receivable against the insurance policies, from the employers of the deceased parents of the Petitioner i.e., M/s Bankit Services Pvt. Ltd. Ground Floor, D-49, Sector-63, Noida & M/s EXL Services Pvt. Ltd. A- 941516, A Block, Sector-58, Noida, and the following insurance companies:
1. LIC of India, Delhi Branch Unit No. 11B, Jeevan Pragati Building, 1st & 2nd Floor, Plot No. 6, Distt. Centre, Laxmi Nagar, Delhi-92;
2. HDFC Life Insurance Company, Distt. Centre, Advocate Chamber, 1/2, 1st & 3rd Floor, Raj Nagar, Ghaziabad;
3. TATA AIA Life Insurance Company Ltd., Pacific Business Park, Maharajpur, Sahibabad Industrial Area, Site-IV, Sahibabad, Ghaziabad
5. Insofar as the employer of the mother is concerned, Ms. Zaidi, ld. Counsel submits that the provident fund amount has to be released directly by the Provident Fund Department.
6. Let notice be issued to Mr. Siddharth, ld. Counsel who regularly 15:28 appears for the Employees’ Provident Fund Organization (EPFO) to take instructions as to the manner in which the provident fund amount, which has been accrued in favour of the mother and father of the Petitioner, has to be released. Details of the said parents are set out below: Mr. Ashish Roy -AMQPR1383R Ms. Disha Roy - CDLPS6062A
7. EPFO counsel Mr. Siddharth, shall also ascertain the details of the provident fund amount which have accrued to the deceased parents of the Petitioner.
8. Let an affidavit be filed by the Provident Fund Department after accessing their accounts as to the total amounts lying deposited in the provident fund account of the deceased parents. Copy of this order be communicated to Mr. Siddharth, ld. Counsel through WhatsApp and email -
9. Let the application be listed on 16th October, 2024. CM APPL.50078/2024 (for intervention)
10. This is an application filed on behalf of the HDFC Bank seeking intervention in the present proceedings for transfer of sale proceeds of the vehicle i.e., Renault Duster car bearing No. UP14DV1949 to HDFC towards satisfaction of the outstanding dues in the loan account bearing No. (LAN) 5664218 in the name of Mr. Ashish Roy for a sum of Rs.11,50,000/-.
11. Vide order dated 30th August, 2024, the Counsel for the minor Petitioner-Ayra Roy pointed out that the deceased parents of the Petitioner had two accounts bearing No.03941140121600 & 50100331784762, with the HDFC Bank branch located at C-25, Stellar IT Park, Noida, UP. In fact, 15:28 according to the ld. Counsel, the Petitioner had approached the Bank through her guardian for obtaining details of the sums amount lying in these two accounts and release of the same.
12. The Court directed HDFC Bank on 30th August, 2024, to file an affidavit disclosing the details of all the investments, bank accounts, FDRs or any other monetary instruments which were deposited or got issued by the deceased parents with HDFC Bank.
13. HDFC bank has filed an affidavit which reveals that the parents of Petitioner – Ayra Roy had three saving bank accounts in the said bank. Two were held by Mr. Ashish Roy and one was in the name of Ms. Disha Roy, the mother of the Petitioner. As per the HDFC bank, there is a balance of Rs.3,83,051.25/- in the bank account of Ms. Disha Roy. The details of the bank account are as under: Account No. A/c Holder Name Type of Account Branch Balance Account Status (Account No.1) Disha Roy Savings Sector 62, Noida 3,83,051.25/- Blocked (Account No.2) Ashish Roy Savings Sector 51, Noida (-)589 Blocked (Account No.3) Ashish Roy Savings Cyber City Gurugram (-)708 Blocked
14. Out of the Rs.11,50,000/- amount financed by the HDFC Bank, during the lifetime of Mr. Ashish Roy, he was servicing the loan and paying 15:28 the monthly instalments. According to the bank, the total payment made by Mr. Ashish Roy till date is Rs.7,54,233.70/-(which includes Principal and interest paid-Rs.5,39,453.93+ Rs.2,14,779.77/- respectively) and a sum of Rs. 6,78,086.30/- is still outstanding.
15. In the opinion of this Court, considering the extenuating factors in this case where the Petitioner is a minor who has lost both her parents during COVID-19 pandemic, the HDFC bank ought to take an empathetic view of the matter and waive off the interest.
16. Let the Legal Manager – Ms. Ekjot Bhasin who is present in Court seeks instructions as to what is the amount that can be waived and how much will be required to be paid.
17. HDFC bank has sought intervention in this matter. Considering that the parents of the Petitioner had accounts with HDFC bank, HDFC is impleaded as Respondent No.5 in this matter.
18. An application is stated to have been filed by the Petitioner. Despite the directions to list it as it is, the Registry has not listed the same. It shall be ensured that the said application is now listed on the next date, even if there are any objections. The objections of the Registry shall be considered by the Court itself.
19. List on 16th October 2024.
PRATHIBA M. SINGH JUDGE SEPTEMBER 27, 2024 Rahul/ks 15:28