CIVIL APPEAL 11/2011 on 7 January 1993

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*IN THE HIGH COURT OF DELHI AT NEW DELHI+TEST.CAS. 82/2014AMEET CHANDER AND ANOTHER..... PetitionersThroughMr.RakeshTiku,Sr.Adv.withMs.Aarushi Tiku, Adv.

versus

STATE

Through

..... Respondent

CORAM:HON'BLE MR. JUSTICE JAYANT NATHO R D E R%06.12.2017

I.A.No.14413/2017

By this application, the petitioners prayed that the requirement ofnumber of sureties which are to be produced may be modified and bereplaced by the personal bond of the petitioners.

It is the case of the petitioners that deceased Late Sh.Bali Ram hadexecuted his last Will and Testament dated 07.01.1993 whereby hebequeathed the said property in question to the petitioners.

On 04.12.2015 this court had noted that the parties to the petition hadno objection for grant of the letter of administration of the Will. Theaffidavits of the parties saying that they had no objections were taken onrecord.

The learned senior counsel appearing for the petitioners states thatboth the petitioners are residing Abroad. Hence, it is prayed that no purposewould be served by giving two sureties for the property, where value isabove Rs.2 crores. It is prayed that instead of two sureties, the petitioners may be permitted to furnish a personal bond. He also relies upon thejudgment of this court in the case of Rita Narang & Anr. v. The State &Ors., IA No.797/2015 in Test Case No.11/2011, decided on 07.08/2015 tosupport his contention.

Keeping in view the above submissions of the learned senior counselfor the petitioners, the application is allowed. Instead of two sureties, boththe petitioners will furnish their personal bonds.As far as recording ofstatements pursuant to the filing of the sureties, the statement of one of thesureties may be recorded.

DECEMBER 06, 2017/v

JAYANT NATH, J.