IN THE HON'BLB COURT OF CIVIL JUDGE, SENIOR

DIVISION, GAUTAMBUDH NAGAR, UTTAR PRADESH

SIJCCESSION CASE NO. 381 OF 2022

IN THE MATTER OF:

SMT. ARCHANA KAICKER & ANR. PETITIONERS

VERSUS

STATE AND ORS. ....RESPONDENTS

INDEX
S. No. Particulars Pages
1 Reply on behalf of the Respondent No. 3

along with supporting Affidavit. t-7

2 Vakalatnama

P
On behalf of I CI
(sh.
ÞLþ*Àf
Through:
Dharmendar Kamti, Rajat
Gaba, Pranjali Goel, Shubhi pokhrel & Shreya Bhat
Counsel for the Respondent No. 3
Kamti & Singh ADVOCATES
New Dalhl
E-259, L.G.F., Greater Kailash - I,
Place: New Delhi NEW DELHI
t10024
Dated:2J"02.2023
¿
DHARMENDAR KAMTI
Advocate
Ë-259, LGF, C.reater Kailash-!,
New Delh¡-110048
 IN THE HON'BLE COURT OF CIVIL JUDGE, SBNIOR
DIVISION, GAUTAMBUDH NAGAR, UTTAR PRADESH

SUCCESSION CASE NO. 381 OF 2022

IN THE MATTE OF:

SMT. ARCTIANA KAICKER & ANR. PETITIONERS

VERSUS

STATE AND ORS. .RESPONDENTS

REPLY ON BEHALF OF THE RESPONpENT NO. 3 TO

THE, TITION F'IT,N,T) ON BEHAI,F' F THE
PETITIONER.

MOST RESPECTFULLY SHOWETH:

1. That the present reply is being filed on behalf of the Respondent

No. 3 in reply to the Succession Petition preferred by the
petitioner herein.
2. That at the outset, the answering Respondent No. 3 presents their
averments to the petition filed by the petitioner under reply, and
no part thereof shall be deemed to be admitted unless specifically
admified here-under. It is pertinent to bring to the kind attention
of this Hon'ble Court that the Reply is well within the limitation
and filed before the Hon'ble Court.
3. That the brief facts of the case are as follows :-
 1'he Petitioner No. 1 and Petitioner No. 2 herein the present
petition i.e. Mrs. Archana Kaicker and Mrs. Sumati Varma are
daughters of Late Mr. Surinder Kumar Anand (Retd. Maj. Gen.)

and Late Mrs. Usha Anand and are sisters of Late Mr. Sameer
Anand, all of whom died intestate. At the time of their death, the
deceased left certain moveable and immoveable properties with

various banks and post offices across Delhi. The petitioners are
the only legal heirs and the only legal representatives of the
deceased and therefore have placed a request for Succession
Certificate. It is the case of the petitioners that no other petition
has been made for the grant of the Succession Certificate. The
Petitioners, by the way of present petition are praying before this
Hon'ble Court for the grant of Succession Certificate and an
equal share among the petitioners in the moveable properties of
the deceased.
4. That it is hereby submitted that the present reply has
signed, verified, and filed by Sh.
Manager of the Respondent No. 3, has also srworn an affidavit
and deposed before the Hon'ble Court on behalf of the
Respondent No. 3 herein.

Para wise reply to the Statement of Claim:

Save and except for what is categorically admitted herein below

in this reply, all other averments, allegations, contentions,

suggestions, submissions, and inferences of the Petitioner, are
vehemently denied, rebutted, and traversed. Without prejudice
to the said denial, it is further submitted by way of para-wise
reply to the statement of claim as under:

1 That the contents of the para nos. l, 2, 3 & 4 stated herein in the
Petition of the Petitioner are matters of records and hence no
 argument or justifìcation is required on behalf of the Respondent
No. 3.

2 'I'hat the contents of para no. 5 stated herein

in the Petition of the
Petitioner save and except those which are matters of records are
hence vehemently denied categorically. Furthermore, it is
pertinent to mention that the Petitioners have never visited the
Respondent No. 3 branch of ICICI Bank in order to substantiate

their claim, as per the prayer clause of the petition filed herein.
Therefore, the Respondent No. 3 bank cannot be held liable for
any lapse as it was unaware of the claim mentioned herein the
present petition till the said petition was filed before this Hon'ble
Court. The foregoing averments may be read as part and parcel of
this para and the same may not be repeated herein for the sake of
brevity.
1
J That the contents of para nos. 6 & 7 herein in the Petition of the
Petitioner are matters of records and hence no argument or
justification is required on behalf of the Respondent No. 3.
4. That the contents of para nos. 8 to 10 stated herein in the Petition
of the Petitioner save and except those which are matters of
records are hence not admitted in entirety. Furthermore, it is
pertinent to mention herein that the Petitioner has not disclosed
entire facts before this Hon'ble Court. As per the guidelines and
mandate of the Respondent No. 3 bank, it is necessary to produce

the Death Certificate of the deceased along with a request letter

from the legal heir in order to freeze the particular account of the
deceased. But, to the contrary, the same was not provided to the

Respondent No. 3 bank by any of the petitioners. Therefore, the

Respondent No. 3 bank could not initiate the process of freezing
the said bank account, the current status of which is as mentioned
below:
 \

Clear Ilalance: Rs. 9,44,552.991-

Status: Active
Freeze/lien: No
Status Code: HNIV/S

Status Code: HNIV/S

Nominee: SAMEER ANAND

Relationship: Son

5 That the contents of the para nos. 11 to 13 herein in the petition

of the Petitioner are matters of records and hence no argument or
justification is required on behalf of the Respondent No. 3. Being
a responsible and law-abiding bank, the Respondent No. 3 is
committed to extend all possible cooperation and assistance to the
petitioners. Therefore, the so-called averments and submissions
made by the petitioners have been completely covered by the
Respondent No. 3 in the foregoing paragraphs and as such, there
is no requirement to repeat the same for the sake of brevþ and
prolixity but the contents of the same may be treated as part and
parcel of the submissions of the Respondent No. 3 herein. The
Respondent No. 3 bank has acted diligently, vigilantly and in a
responsible manner in order to resolve the queries of the
Petitioner at the earliest possible.

In view of the foregoing submission and clarifications, it is,

therefore, in the facts and circumstances as discussed hereinabove,
the prayer clauses are subject to the decision and discretion of this
Hon'ble Court. Hence, the Respondent No. 3 bank shall obey as to
any order passed by this l-Ion'ble Court which it may deem fit in
the light ofjustice, equity and good conscience.

Respondent No. 3 reserves its right to file the additional/

supplementary reply if required.

It is prayed accordingly.

\*_

On alf
\r
(sh. )

Through:
Dharmendar Kamti, Rajat
Gaba, Shubhi Pokhrel, Shreya Bhat & Pranjali Goel
Counsel for the Respondent No. 3
Kamti & Singh ADVOCÄ.TES NewOel¡¡
E-259, L.G.F., Greater Kailash - I,
Place: New Delhi NEW DELHI-
t10024
Dated: 2Í\oz.zozz DHARMENDAR I(A¡\4TI
':-2s g, LG F,
VERIF'I ATION:
Grea,"rî1',llîlî,''
New Delhi-i10048

verified at New Delhi ,, Æ# 2023 that t,ne

""dä
contents of the Reply on merits are true to knowledge deprived of
offrcial records while the preliminary objections are true and
correct to advise received and believed to be true. The last para is
a reply to the prayer clause. Nothing material is concealed
therefrom. {.
{
[, Í.r:ì

b of
(sh. Manager)
\Àþ,ht-
 IN THE HON'BLB COURT OF CIVIL JUDGE, SENIOR
DIVISION, GAUTAMBUDH NAGAR, UTTAR PRADESH

SUCCESSION CASE NO. 381 OF 2022

IN THE MATTER OF:

SMT. ARCFIANA KAICKER & ANR. ..,. PETITIONERS

VERSUS

STATE AND ORS. ....RESPONDENTS

I, c^4e sh.
Ro"€rfg^Å^a
aged
ht\ø^,sr1

about /\L\ Qgltorking for gain at

\ el e\ ( \-\<
being the Authorized
Representative of the Respondent Bank, do hereby solemnly affirm
and state on oath as under:
"bLY'hr6.
1. That I am the authorized representative andpranch Manager of the
Respondent No. 3 and I am aware of the facts and circumstances
leading to the present matter, on the basis of the records maintained
by the Respondent No. 3 Bank and as such, am competent to swear
to the present affidavit.
2. That the accompanying Reply has been drafted under my
instructions. I have read over and understood the contents thereof
and nothing material has been concealed.
3. That the factual contents of Reply are true and correct to the best of
my knowledge and information, based on the records of the
Respondent No. 3 maintained in the regular course of business and
legal contents therein are believed to be on legal
t
*t\
\
DEPONENT
VERIF'ICATION:
Verified at New Delhi on this{oday of that the contents
Ir
of the present affîdavit are true and correct to my knowledge and tt

nothing has been concealed there from.

) î
DEP