IN THE COURT OF SHRI.

SANJEEV AGARWAL,

ADDITIONAL RENT CONTROLLER,

ROOM NO. 314, TIS HAZARI, DELHI

E. P. NO. 89 OF 2005

IN RE:

Wenger & Co. …… Petitioner

Versus

M/s Devichands and Another …… Respondents

ANSWERS TO THE INTERROGATORIES BY WAY OF AFFIDAVIT

UNDER ORDER 11, RULE 9 OF C.P.C.

I, Sonia Dutta, W/o Shri. Rajiv Dutta, R/o A 1/39, Panchsheel

Enclave, New Delhi 110 017, the above named Respondent No. 2,

being the proprietor and authorized signatory of M/s Devichands, do

hereby solemnly affirm and declare as under:

1. That I am the Respondent No. 2 in the above

proceedings and am fully conversant with the facts and

circumstances of the present case and being the

proprietor and the authorized signatory of the

Respondent No.1 i.e. M/s Devichands, am therefore

competent to submit the answers to the interrogatories

filed by the Petitioner by way of the present Affidavit.

2. That the accompanying Answers to the Interrogatories

namely No.1,2,4 and 6 under Order 11, Rule 9 of C.P.C.

are true to the best of my knowledge and the legal

submissions made therein are the true informations

received and believed to be true.

3. As per the order dated 30.10.2006 this Hon’ble Court has

directed the Respondent No.1 to deliver the answers to the

interrogatories namely No.1,2,4 and 6 and hence the

abovenamed Respondent No.2 being the proprietor and

authorized signatory of M/s Devichands, is submitting the

following answer to the Interrogatories on behalf of the

Respondent No.1.

A. In reply to the interrogatory No.1, it is stated that M/s

DEVICHANDS, 19-A, Connaught Place, New Delhi 110 001,

was registered in the Sales Tax under R.C. No.

LC/20/026036/1051 dated 22nd October 1951. Late Shri B.R.

Devichand, who was the Karta of the family and also the

father of late Mr. J.L. Devichand ran the business.

Mr. B.R. Devichand demised in October 1959, and his estate

and Assets were partitioned in the year 1960 within the family

(which term includes Mrs. Viranwali, W/o Late Shri B.R.

Devichand, and his children Late Mr. J.L. Devichand, Late Mr.

Rajinder Lal Devichand, Mrs. Sheila Chowdhry, and Miss Pam

Devichand). They all were members of Hindu Undivided

Family assessed under the Firm’s name “J.C. Bandelier”

(DEVICHANDS) GIR No. 716 at Shimla. The Estate was

divided vide the ‘PARTITION DEED’ Registered in the Delhi (

Nazul ) Sub District on 7th day of October, 1960.

The true copy of the Partition deed dated 7.10.1960 is

Enclosed at “ENCLOSURE A”.

Late Mr. J.L. Devichand (including his heirs, successors,

executors, administrators and assigns; refer Para 17 of the

aforementioned Partition Deed) received the business of

DEVICHANDS, including the tenancy rights of the premises

19–A, Connaught Place, New Delhi which was then under

“Dayal Singh Library Trust”. It was subsequently bought over

by Ms. Wengers & Co., the letter informing M/s DEVICHAND

of this should be available in your records.

Mr. J.L. Devichand had inherited the business from the Hindu

Undivided Family, whose Karta was late Mr. B.R. Devichand

the father of Late Mr. J.L. Devichand demised in December

2002. Consequent to his demise the business of M/s

DEVICHAND is being carried out by his heirs. The

Respondent No. 2 herein is the daughter of Mr. J.L.

Devichand. The Petitioner has not denied the above said fact

in their Petition under Section 14 (1) (b) of the Delhi Rent

Control Act.

The true copy of the “Certificate of Migration” dated 15.5.1973,

issued by the Council for the Indian School Certificate

Examinations and the “Graduation Certificate” dated

26.2.1977 issued by the University of Delhi issued in the name

of Ms. Sonia Devichand, D/o Mr. J.L. Devichand, are Enclosed

at “ENCLOSURE B”.
B. In reply to the interrogatory No.2, it is stated that M/s

DEVICHAND is registered to carry business vide Registration

Certificate No. LC/20/026036/1051, subsequently, the same

was re-numbered with the Registration Certificate No. LC/

001/07080026036/1051.

The true copies of the Registration Certificates of

Establishment (RC) dated 1951 and 1971 under the Delhi

Shops and Establishments Act, 1954 is enclosed collectively

herewith as “ENCLOSURE C”.

The Registration entitles to carry out the business mainly

importers, drapers, outfitters, tailors and military Contractors.

The detail lists of goods for sale/manufacture have also been

given in this certificate.

The new Traders Identification Number TIN 07080026036

does not have any such details of items for which business

can be carried out nor are there any restriction endorsed.

The true copy of the Trade Identification Number TIN, which

replaces earlier Registration Certificate, is enclosed herewith

at “ENCLOSURE D”.

C. In reply to the interrogatory No.4, it is stated that M/s

DEVICHANDS holds Sales Tax Registration. The Registration

is in the name of late Mr. J.L. Devichand Application for

change in the Constitution in the Registration Certificate RC

No. LC/001/07080026036/1051 was forwarded vide our Letter

dated 12th July 2004 signed by Mrs. Sonia Dutta. Wherein it

was stated that the legal heirs of Late Mr. J.L. Devichand

would continue as a “Partnership Firm in the same name”.

The true copy of the Letter dated 12.7.2004 issued by M/s

DEVICHANDS to the Sales Tax Officer, New Delhi, regarding

the “Changes of Constitution in the Registration Certificate”

and the Acknowledgment issued by the Sales Tax Officer for

the same, is enclosed herewith at “ENCLOSURE E”. A copy

of the Partnership Deed was also enclosed.

The true copies of the Assessment Orders of the Sales Tax for

the years 2002-2003, 2003-2004 and 2004-2005 are enclosed

herewith at “ENCLOSURE F”.

Copies of the VAT returns for the year 2004-2005 have also

been submitted.

The true copies of the VAT returns for the year 2004-2005 and

the acknowledgement are also been enclosed herewith at

“ENCLOSURE G”.

The Bank Guarantee bearing No. “BG 5136” Dated

28.09.2005 for Rs.1 Lakhs (Rupees One Lakhs Only) to Delhi

State VAT has been provided by Bank of Punjab situated at N-

47, Connaught Place, New Delhi Under the provisions of D

VAT Act.
 The true copies of the Bank guarantee bearing No. “BG 5136”

Dated 28.09.2005 for a sum of Rs.1 Lakhs, is also been

enclosed herewith at “ENCLOSURE H”.

D. In reply to the interrogatory No.6, it is stated that the PAN

number during the lifetime of Late Mr. J.L. Devichand was

AAAHD2250D. The New PAN can be applied for only after

submission of the Tax Returns.

DEPONENT

VERIFICATION

Verified at New Delhi on this th day of November, 2006 that

the contents of my above Affidavit are true and correct to the best of

my knowledge and belief, no part of it is false and nothing material

has been concealed therefrom.

DEPONENT
 IN THE COURT OF SHRI. SANJEEV AGARWAL,

ADDITIONAL RENT CONTROLLER,

ROOM NO. 314, TIS HAZARI, DELHI

E. P. NO. 89 OF 2005

IN RE:

Wenger & Co. …… Petitioner

Versus

M/s Devichands and Another …… Respondents

INDEX

SL. PARTICULARS PAGE NOS.

NO.

1. Answers to the Interrogatories by way of Affidavit under Order 11, 1-6

Rule 9 of C.P.C.

2. ENCLOSURE “A”: True copy of the Partition Deed dated 7-19

7.10.1960.

3. ENCLOSURE “B”: True copies of the “Certificate of Migration” 20-21

dated 15.5.1973, issued by the Council for the Indian School
Certificate Examinations and the “Graduation Certificate”
dated 26.2.1977 issued by the University of Delhi issued in
the name of Ms. Sonia Devichand, D/o Mr. J.L.
Devichand/the Respondent No.2.

4. ENCLOSURE “C”: True copy of the Registration Certificates 22-26

of Establishment (RC) dated 1951 and 1971 under the Delhi
Shops and Establishments Act, 1954.

5. ENCLOSURE “D”: True copy of the Trade Identification 27

Number TIN 07080026036, replacing earlier Registration
Number.

6. ENCLOSURE “E”: True copy of the Letter dated 12.7.2004, 28-29

issued by M/s DEVICHANDS to the Sales Tax Officer, New
Delhi, regarding the “Changes of Constitution in the
Registration Certificate” and the Acknowledgment issued by
the Sales Tax Officer.
 7. ENCLOSURE “F”: True Copies of the Assessment Orders of 30-31
the Sales Tax for the years 2002-2003, 2003-2004 and
2004-2005

8. ENCLOSURE “G”: True copies of the VAT returns for the 32-33
year 2004-2005 along with the acknowledgement.

9. ENCLOSURE “H”: The true copy of the Bank guarantee 34-35

bearing No. “BG 5136” Dated 28.09.2005 for a sum of Rs.1
Lakhs.

Respondents
Dated: November , 2006

Through

(R.S. ENDLAW)
ADVOCATES FOR THE RESPONDENTS