) $-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAD 75/2011 AMIT GUPTA Through versus STATE & ORS Through CORAM: ..... Appellant Mr. Vikas Arora, Adv. .... Respondents Mr. Rajan 8ajaj, Adv. for R-2 to 4. HON'BlE MR. JUSTICE MOOl CHAND GARG 0/0 ORDER 18.02.2011 CM No. 3181/2011 Allowed subject to just exception. CM No. 3180/2011 (delay) For the reasons stated in the application, the application is allowed. f FAO 75/2011 l. Letter of administration has not been granted to the appellant with respect to the vehicles No. DL-3CZ-8331 & DL-5C8-8537 only on the plea, that as it was not proved on record that the deceased was the owner of those vehicles. 2. It is the case of the appellant that these two vehicles stands in the name of M/S. Krishna Insulations and M/S. Insulated Wire Produces which were the proprietorship concern of deceased testator. FAO 75/2011 page 1 of 2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified • 3. In this regard, the appellants could not file relevant documents 3 which they have procured later on. They want to lead additional evidence before the Addl. District judge in this regard. The respondents No. 2 to 4 have no objection to the aforesaid prayer. Respondent No.1 State is not appearing. 4. In these circumstances, the appeal is allowed with a direction to the Addl. District judge to record additional evidence as may be led by the appellant on the question as to whether the deceased was having any interest in those two vehicles being the proprietor of the firm MIS. Krishna Insulations and MIS. Insulated Wire Products as claimed by the appellant. The order of the Addl. District judge on the pOint in having refused to grant letters of administration to the appellant qua Vehicle No. DL-3CZ-8331 & DL-5CB-8537 is set aside. The case is remanded back to the Addl. District judge on the limited issue as aforesaid. Parties to appear before the Addl. District judge on 07.03.201l. 5. After recording additional evidence the Ld. ADj would decide the issue of granting letter of administration qua those two vehicles afresh. 6. With these observations, the appeal is disposed of. 7. Copy of the order be sent to the Addl. District judge . FEBRUARY 18,2011 'ga' FAD 75/2011 page 2 of 2