CHARU OBEROI Vs. STATE
LAWS(DLH)-2022-1-108
HIGH COURT OF DELHI
Decided on January 31,2022

Charu Oberoi Appellant
VERSUS
STATE Respondents

JUDGEMENT

Asha Menon, J. - (1.)The contempt petition has been filed in Test Cas. 48/2021 under Ss. 11 and 12 of the Contempt of Courts Act, 1971 by the respondent No. 5/petitioner in the Testamentary petition, against the petitioner and the respondents No. 1,2,3 and 4 in the Testamentary petition.
(2.)The respondent No. 5/petitioner has alleged that the respondents herein have wilfully disobeyed the orders of this Court dtd. 3/6/2021, 26/7/2021 and 23/8/2021 by which the parties were directed to maintain status quo in respect of the scheduled properties. It is submitted that this included 38,76,000 shares in the name of Late Sudhir Kumar Uberoi which were transferred by the respondents into the personal accounts of the respondent No. 1 and value of which was more than Rs.61.00 crores. This was effected between 23/9/2021 and 30/9/2021 when the interim directions were still in force.
(3.)Mr. Sanjeev Sindhwani, learned Senior counsel for the applicant/respondent no. 5 has submitted that despite directions of this Court to the respondent No. 2, being the petitioner in the Testamentary petition, to file the original Will, the probate of which she was seeking in her petition, time was sought repeatedly on the ground that the parties were abroad and were unable to travel whereas in actual fact, the respondent No. 2/petitioner had used the Will in Dubai, UAE not only to effect the transfer of shares worth more than Rupees 61 crores, but also a second tranche of 35,11,250 shares of Mezzan Holding Co. in Kuwait (Symbol Code 823) and to have further moved the Dubai Court for seeking inheritance on the basis of the said Will, despite the fact that she herself had filed the present probate proceedings and the probate proceedings initiated by the respondent No. 5/petitioner were also pending.


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