Ram Niwas Gupta v. Bindu Singh & Ors

O R D E R %

15.05.2017

¶1The appellant deposited a sum of Rs.2,13,114/- with the Commissioner, Employees' Compensation on 3rd August, 2011 out of which 40% amount was released by the Commissioner, Employees' Compensation in terms of the order dated 8th August, 2011 passed by this Court and the balance amount of Rs.1,27,874/- has been transferred by the Commissioner, Employees' Compensation to the Registrar General of this Court in terms of the judgment dated 12th April, 2017.

¶2It appears that the Commissioner, Employees' Compensation did not keep the balance 60% amount in fixed deposit and therefore, the said amount has not earned any interest. This is in clear violation of the orders of this Court as well as the undertaking given by the Commissioners that the amounts deposited by the claimants have been kept in fixed deposit.

¶3In National Thermal Power Corporation Ltd. v. Hari Chander, FAO 262/2011, following statement was made on behalf of Commissioners, Employees' Compensation of GNCTD on 15th July, 2016: "….It is further submitted that all the amounts deposited with Commissioner, Employees' Compensation have been kept in fixed deposit and henceforth, the Commissioner, Employees' Compensation shall ensure that the future amounts deposited with them shall also be kept in fixed deposit."

¶4Show cause notice is hereby issued to the Commissioner, Employees' Compensation to show cause as to why the balance 60% amount deposited by the appellant was not kept in fixed deposit till date. The reply to the show cause be filed within a period of four weeks from today.

¶5With respect to Rs.1,27,874/- transferred by the Commissioner, Employees' Compensation to this Court, the Registrar General is directed to disburse the said amount by instructing UCO Bank, Delhi High Court Branch by transferring the said amount to respondent no.1-Bindu Singh in her savings bank account No.31509751347 with State Bank of India, Ayodhya, Naya Ghat Road (IFSC Code SBIN0002510) within a period of four weeks from today.

¶6With respect to the interest on the award amount, the appellant present in Court along with his counsel submits that he does not have the means to deposit the interest in terms of the judgment dated 12th April, 2017. The appellant is directed to file the affidavit of his assets, income and expenditure as on the date of the accident i.e. 14th November, 2011 as well as today in the format attached hereto as Annexure A along with the documents mentioned therein within a period of four weeks from today.

¶7With respect to the show cause notice issued to the appellant to show cause as to why penalty be not imposed, learned counsel for the appellant has handed over the reply to the show cause notice which is taken on record. Copy of the same is handed over to learned counsel for the respondent.

¶8List for further hearing on 13th July, 2017.

¶9The appellant shall remain present in Court on the next date of hearing.

¶10The personal appearance of respondent is exempted on the next date of hearing.

¶11Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J. MAY 15, 2017/dk

ANNEXURE A FORMAT OF AFFIDAVIT OF ASSETS, INCOME AND EXPENDITURE* AFFIDAVIT

I _______________________, son of / wife of ___________________, aged about ____ years, resident of ___________________________, do hereby solemnly affirm and declare as under: PART - I PERSONAL INFORMATION RELATING TO THE DEPONENT Sl No. Description Particulars

¶1Name

¶2Age

3.

(a) Residential address

(b) E-mail address

¶4Marital Status

¶5Members of the family: (a) Dependent

(b) Independent

¶6Number of children(s) with their name(s) and age(s)

¶7Educational qualifications

¶8Professional qualifications

¶9Occupation

¶10Monthly income (Give details in Part II)

¶11Monthly expenditure ( Give details in Part III )

¶12Expenditure on the education of the Children (Give details in Clause 3 of Part III)

¶13Whether you are assessed to Income Tax?

¶14Name of your counsel and his/her e-mail address

*Note – In case of a Company, the affidavit of assets, income and expenditure shall be filed by all the Director(s). In case of a Partnership Firm, the affidavit of assets, income and expenditure shall be filed by all the Partners.

PART-II STATEMENT OF INCOME S.No Description Particulars

¶1In case of salaried persons:

(i) Designation

(ii) Name and address of the employer

(iii) Date of employment

(iv) Gross Income including the salary, D.A., commissions/incentives, bonus, perks etc.

(v) Perquisites and other benefits provided by the employer including accommodation, cars/other automotive, sweeper, gardener, watchman or personal attendant, gas, electricity, water, interest free or concessional loans, holiday expenses, free or concessional travel, free meals, free education, gifts, vouchers, etc. credit card expenses, club expenses, use of movable assets by employees, transfer of assets to employees, value of any other benefit/amenity/service/ privilege and the value of such perquisites and benefits

(vi) Deductions from the gross income

(vii) Income tax paid

(viii) Net income

(ix) Value of stock option benefits, if provided by the employer

(x) Pension and retirement benefits payable at the time of retirement

¶2In case of self-employed persons:

(i) Nature of business/profession

(ii) Whether the business/profession is carried on as an individual, sole proprietorship concern, partnership concern, company or association of persons, HUF, joint family business or any other form. Give particulars of your share in the business/ profession. In case of partnership, specify the share in the profit/losses of the partnership

(iii) Number of employees

(iv) Annual turnover/gross receipts

(v) Gross Profit

(vi) Income Tax

(vii) Net Income

(viii) Details and value of benefits in kind, perks or other remuneration received from the business e.g. provision of car, payment of accommodation etc

(ix) Amount of regular monthly withdrawal or drawings from the business

(x) Current value of your business interest(s)

(xi) Current value of your business assets

(xii) List of directorships held, sitting fees, commission or any other remuneration

(xiii)Net worth of the company in which you are Director along with the number of shares held in the Company

¶3In case of Company/Partnership Firm:

(i) Information and particulars with regard to the shareholding, involvement in the affairs and management of the firm/company

(ii) List of all the bank accounts of the firm/company

(iii) Names and residential addresses of the Directors of the firm/company along with their PAN numbers and DIN numbers, as well as complete particulars of all moveable and immovable assets held in their personal names and the dates of their acquisition, and the nature of the right, title and interest therein

(iv) Address of the Registered Office and the Corporate or branch offices, if any, of the firm/company

(v) Location of the statutory records and books of account of the firm/company

(vi) List of immovable assets, land and building etc. of the firm/company as on the date of the award/order.

(vii) List of immovable assets, land and building of

the firm/company as on the date of filing the affidavit

(viii) List of the movable assets of the firm/company, their location and value

(ix) Details of the debtors and creditors of the firm/company with their complete addresses and

(x) Details of workmen/employees and any amount outstanding to them

(xi) Whether the firm/company have assets/means to satisfy the decree?

¶4Income from Other Sources:

(i) Agricultural Income

(ii) Rent

(iii) Interest on bank deposits and FDRs

(iv) Interest on investments including deposits, NSC, IVP, KVP, Post Office schemes, PPF, loans etc.

(v) Dividends

(vi) Income from machinery, plant or furniture let on hire.

(vii) Gifts

(viii) Profit on sale of movable/ immovable assets

¶5Any other income not covered above

TOTAL MONTHLY INCOME

PART III STATEMENT OF EXPENDITURE S. No. Monthly expenditure Amount (in Rs.)

¶1Housing Monthly rent

Mortgage payment(s)

Repairs & Maintenance

Property tax

¶2Household expenditure Groceries/Food/Personal care/clothing

Water

Electricity

Gas

Telephone

TV Cable/Set-top Box charges & Internet services

Maintenance, replacement and repair of household items, appliances and kitchenware items.

Telephone

Domestic full time/part time servant(s)

Others (specify)

¶3Expenditure on Children School fees

Crech/Day Care/After school care

Books/Stationery

Private Tuitions

Sports

Outings/summer camps/vacations

Entertainment

Others

¶4Transport

(i) Car/Scooter

(a) Driver(s)

(b) Fuel

(c) Repair/Maintenance

(d) Insurance

(e) Loan repayment

(ii) Public Transport

(a) Bus

(b) Taxi

(c) Metro

(d) Auto

¶5Medical expenditure Doctor

Medication

Hospital

Other medical expenditure

Others (specify)

¶6Insurance Life

Annuity

Householders

¶7Entertainment and recreation Club

Health Club

Gym

¶8Holiday and vacations

¶9Gifts

¶10Pocket money/allowance

¶11Legal/litigation expenses including expenses incurred in this litigation

12.

Discharge of Liabilities

Credit card(s) payment

Hire purchase/lease

(i) Repayment of Loans

(a) House loan

(b) Car loan

(c) Personal loan

(d) Business loan

(e) Any other loan

(ii) Name of the lenders

(iii) Mode of repayment

(iv) Instalment amount

(v) Other personal liabilities

¶13Miscellaneous Newspapers, magazines, books

Religious contributions/ Charities

Others (specify)

¶14Other expenditure (not specified above)

TOTAL MONTHLY EXPENDITURE

PART - IV STATEMENT OF ASSETS S. No. Assets

List of Assets

Present Estimated Market Value On the date when the claim was raised On the date when order was passed

¶1Real Estate Including land, built up properties, lease hold properties, agricultural land and investment in real estate such as booking of plots, flats and other immovable properties in your name and joint names. List any interest in properties, including lease hold interest and mortgages, whether or not you are registered as owner. Provide legal descriptions and indicate estimated market value of your interest without deducting encumbrances or costs of disposition.) (Record encumbrances under debts.)

¶2Joint Properties

Particulars of the joint property in the name/names of the joint owners and the share of the deponent. Give the status of their possession.

Whether any litigation pending with respect to the joint property? If so, give particulars.

¶3Financial Assets:

(i) Details of all bank accounts including Current and Savings Accounts in your name, or joint name and balance in the said account

(ii) Cash in hand Account No. & Name of Bank Balance at the date of this Statement

¶4Investments Details of all investments you hold or, in which you have interest and their current value:

(i) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc.

(ii) Deposits with Government and Non-Government entities

(iii) Stocks, shares, debentures, bonds, units and mutual funds, etc.

(iv) Life and endowment policies and surrender value

(v) Loan given to friends, relatives and others

(vi) Other investments not covered by above items Particulars Current Value

¶5Pensions and Retirement Savings Plan Indicate name of institution where accounts are held, name and address of pension plan and pension details. Particulars Maturity amount

¶6Corporate/Business Interests List any interest you hold, directly or indirectly, in any corporation, unincorporated business, partnership, trust, joint venture and Association of Persons, Society etc. Particulars Current value

¶7Movable Assets

(i) Motor Vehicles (List cars, motorcycles, scooters etc. along with their brand and registration number)

(ii) Livestock

(iii) Mobile phone(s)

(iv) Computer/Laptop

(v) Other electronic gadgets including I-pad etc.

(vi) TV, Fridge, Air Conditioner, etc.

(vii) Other household appliances

(viii) Quantity of gold, silver and diamond jewellery

(ix) Quantity of Silver Utensils Particulars Current value

¶8Intangible properties

Including patents, trademark, copyright design and goodwill and their value

¶9About disposal of properties Particulars of properties (movable as well as immovable) sold/agreed to be sold between the date on which the claim was raised upto the date of filing this affidavit and the sale consideration received from the purchaser

Particulars Estimated market value

¶10Others List anything else of value that you own, including precious metals, collections, works of art, jewellery or Particulars Estimated current value

household items of high value. Include location of any safety deposit lockers.

PART - V STATEMENT OF LIABILITIES S. No. Description Particulars of Debts Current Value

¶1Secured debt(s) List all mortgages, loans, and any other debt secured against an asset

¶2Unsecured Debt(s) List all bank loans, personal loans, credits, overdrafts, credit cards and any other debts

¶3Other List any other debts, including obligations that are relevant to a claim

PART – VI GENERAL INFORMATION RELATING TO THE STATUS, STANDARD OF LIVING AND LIFESTYLE S. No. Description Particulars

¶1Name of school(s) where the child or children are studying

¶2Area of residential accommodation (in sq. feet)

¶3Who is the owner of the residential accommodation? In case of rented accommodation, specify the monthly rent

¶4Number of part-time/full time domestic servants and their wages

¶5Average monthly withdrawal from bank(s)

¶6Mode of travel in city/outside city

¶7Membership of clubs/health clubs/gyms, societies and other associations. Specify the membership fee and subscription

¶8Particulars of credit/debit cards, its limit and usage

¶9Particulars of frequent flier cards

¶10Frequency of foreign travel, business as well as personal

¶11Category of hotels ordinarily used for stay, official as well as personal

¶12Category of hospitals opted for medical treatment including type of rooms

¶13Brand of vehicle, mobile and wrist watch

¶14Expenditure ordinarily incurred on family functions including birthday of the children

¶15Expenditure ordinarily incurred on festivals

¶16Expenditure on marriage of family members

¶17Status of the deponent/family:

- High - Upper Middle - Middle - Lower Middle - Low - Below poverty line

PART – VII DOCUMENTS RELATING TO ASSETS, INCOME AND EXPENDITURE OF THE DEPONENT

PART A DOCUMENTS RELATING TO PERSONAL INFORMATION S. No. Document Description of Document

¶1Aadhaar Card

¶2PAN Card

¶3Passport

¶4Driving Licence

¶5Ration Card

¶6Voter ID

PART B DOCUMENTS RELATING TO INCOME, ASSETS AND LIABILITIES S. No. Document Description of Document

¶1Statement of Account of all bank accounts including current and savings accounts for last 3 years

¶2Income Tax Return(s) along with Statement of Income and Annexures for last 3 years

¶3In case of Salaried Persons

(i) Appointment Letter

(ii) Salary slip

(iii) Forms 16, 16A & 12BA

(iv) Cost to Company Certificate and CIBIL Certificate, wherever applicable

(v) Copies of TDS certificates

¶4In case of self-employed persons

(i) Balance Sheet and Profit & Loss Account

(ii) Balance Sheet and Profit & Loss Account of the proprietorship firm, if the business is carried on in the name of a sole proprietorship concern

(iii) Balance Sheet and Profit & Loss Account of the partnership firm, if the deponent is a partner in a firm along with the Schedule showing the distribution of partners' remuneration and share of profits/losses of the partnership firm and the copy of the partnership deed.

(iv) Balance Sheet and Profit & Loss Account of the Company in which the deponent is a Director

(v) Balance Sheet and Profit & Loss Account of the Association of Persons, HUF, Joint Family business or trust in which the deponent has share

(vi) Copies of TDS certificates

¶5In case of Income from other sources:

(i) Lease Deed(s)/Rent Agreement(s) /Licence Agreement(s) in respect of the rental income

(ii) Interest Certificate in respect of the interest income on deposits and investments

(iii) Dividend Certificates in

respect of dividend income

(iv) Sale Deed(s)/transfer documents in respect of the profit on sale of property/properties

¶6Other relevant documents relating to Income/Assets

¶7Other relevant documents relating to liabilities

PART C DOCUMENTS RELATING TO EXPENDITURE

¶8(i) Documents relating to the expenditure on education of children including tuition fees

(ii) Rent and maintenance receipts

(iii) Electricity, water, security and gas bills

(iv) Documents relating to the salary paid to the employees including servant(s)

(v) Documents relating to expenditure on conveyance

(vi) Debit and Credit Card statements

(vii) Frequent Flier's Card statements

(viii) Mobile and landline phone bills

(ix) Internet and TV cable/ Set -Top Box bills

(x) Documents relating to the re-payment of the loans

(xi) PPF, EPF and other superannuation fund receipts

(xii) Receipts of premium of insurance policies

(xiii) Receipts of payments in respect of mutual funds

(xiv) Documents relating to payment of interest on bank and other loans

(xv) Documents relating to the

payment of taxes, including Income Tax, Wealth Tax and Property Tax

(xvi) Other relevant documents relating to Expenditure

Declaration:

¶1I declare that I have/do not have means to satisfy the order/decree/award.

¶2I declare that I have made full and accurate disclosure of my income, expenditure, assets and liabilities from all sources. I further declare that I have no assets, income, expenditure and liabilities other than set out in this affidavit.

¶3I undertake to inform this Court immediately upon any material change in my employment, income, expenses or any other information included in this affidavit.

¶4I understand that any false statement in this affidavit may constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment upto seven years and fine, and Section 209 of Indian Penal Code punishable with imprisonment upto two years and fine. I have read and understood Sections 191, 193 199 and 209 of the Indian Penal Code.

DEPONENT Verification: Verified at ____________on this ____ day of ___________ that the contents of the above affidavit relating to my assets, income and expenditure are true to my knowledge, no part of it is false and nothing material has been concealed therefrom. I further verify that the copies of the documents filed along with the affidavit are the copies of the originals.

DEPONENT

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 348/2011 RAM NIWAS GUPTA ..... Appellant Through: Mr. Anil Sehgal, Adv. along with appellant in person. versus BINDU SINGH & ORS ..... Respondents Through: Mr. K.V. Sreemithun, Ms.Chahat Khurana, Advs. for respondents no.1 and 2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA