S K MITTAL vs NCT OF DELHI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28.07.2025 Judgment pronounced on: 25.08.2025 + FAO(OS) 44/2022 & CM APPL. 30562/2025 S K MITTAL .....Appellant Through: Mr. Abhimanyu Mahajan, Mr. Saurabh Seth, Ms. Neelampreet Kaur, Ms. Anubha Goel, Mr. Mayank Joshi, Mr. Abhiroop Rathore, Advs. versus NCT OF DELHI & ORS. .....Respondents Through: Mr. O.P. Gupta, Adv. for R-2 & 3 CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal has been filed by the Appellant under Section 384 of the Indian Succession Act, 1925 read with Section 10 of Delhi High Court Act, 1966, calling in question the correctness of the Judgment dated 04.05.2022 [hereinafter referred to as ‘Impugned Order’] passed by the Learned Single Judge in Test Case no.73 of 2021 captioned S.K. Mittal vs. NCT of Delhi & Ors., while dismissing his application for a Letter of Administration in respect of the estate of his younger brother, Late Sh. Rajan Mittal, who passed away intestate on 18.06.2021. Signature Not Verified Signed By:SAVITA PASRICHA FAO(OS) 44/2022 Page 1 of 13 Signing Date:25.08.2025 17:32:21 2. Late Sh. Rajan Mittal was married to Smt. Reshu Mittal on 15.02.1997 and had two sons, namely, Sh. Shrey Mittal (DOB 16.12.1997) and Sh. Tushaal Mittal (DOB 02.03.2000). 3. Subsequently, marital discord began between them and on 06.03.2018, a Settlement Deed was arrived at between Late Sh. Rajan Mittal and his wife, Smt. Reshu Mittal, resolving their marital discord, while also agreeing to apply for a Decree of Divorce by Mutual Consent. This aforesaid Settlement Deed was also signed by Sh. Shrey Mittal and Sh. Tushaal Mittal. 4. It is to be noted here that the primary intention of the Settlement