New Delhi: The Supreme Court has agreed to hear May 14 an application filed by late industrialist Sunjay Kapur’s mother Rani Kapur seeking a direction to restrain his wife Priya Kapur and others from interfering with the functioning of the ‘RK Family Trust’ during the pendency of mediation proceedings.
The apex court had May 7 appointed former Chief Justice of India D Y Chandrachud to act as a mediator in the dispute between the 80-year-old Rani Kapur and Priya Kapur over the family trust.
The matter was mentioned Tuesday before a bench of Justices J B Pardiwala and Ujjal Bhuyan.
“Looks like we have entered into an arena where Mahabharata will look very small,” the bench had orally observed while listing the application for hearing May 14.
In her fresh application, Rani Kapur has alleged that Priya Kapur and others were attempting to assume control over some companies and assets linked to the disputed family estate.
The application also raised an apprehension that attempts may be made to alienate or transfer the assets during the pendency of mediation proceedings.
Rani Kapur has sought a direction to restrain Priya Kapur and others from interfering with the functioning of the trust and some companies linked to the family estate during the pendency of mediation proceedings.
On May 7, the top court said the parties should participate in the mediation proceedings with an open mind.
“We make one request to all the parties before us that they may not make any statements in public and may not go on social media. This being a family matter, the endeavour on their part should be to get the disputes resolved at the earliest and put an end to the entire matter,” the bench had said.
It had said it would be in the interest of one and all if they were able to resolve the entire matter before the mediator otherwise this was going to be a long drawn litigation.
The bench had made clear that this mediation was confined to the present matter.
The top court had observed that having regard to the nature of the dispute amongst the family members, it had suggested April 27 that the parties should consider going for mediation.
“Today, all the counsel appearing for the respective parties have very graciously agreed to go for mediation,” the bench had said May 7.
“We shall await for a preliminary report from the mediator and thereafter proceed further with the matter,” it had said while posting the matter for August 6.
On April 27, the top court sought a response from Priya Kapur and others on a lawsuit by Sanjay Kapur’s mother seeking directions to declare the family trust “null and void”.
The bench had issued notice to Priya Kapur and others on the plea filed by Rani Kapur alleging that the trust, which was constituted in her name in October 2017, was a product of “forged, fabricated and fraudulent” documents.
The legal proceedings over control of the estate and assets are pending before the Delhi High Court and the petition before the top court seeks a status quo on alienation of all the properties of the trust.
During the hearing April 27, the top court asked the parties in the dispute over the Sona Group Family Trust to explore mediation.
In the lawsuit, Rani Kapur has sought a direction to permanently restrain the defendants — her daughter-in-law Priya Kapur and others, including grandchildren — from utilising or acting in furtherance of the “RK Family Trust” in any manner whatsoever.
Her plea submitted that she was the sole beneficiary of the entire estate of her late husband, Surinder Kapur, who was the promoter of various businesses, including the ‘Sona Group of Companies’, and a “systematic fraud” was committed on her when the assets were transferred to the ‘RK Family Trust’.
Till the time of his death, Sunjay never confirmed to Rani Kapur that she had actually been divested of all her rights, assets and legacy and never provided a copy of the purported RK Family Trust to her, the plea claimed.
“By means of a complex web of illegal transactions undertaken by the defendant Nos. 1 to 9 (Priya Kapur and others) in an unfortunate collusion with the plaintiff’s now deceased son, late Mr. Sunjay Kapur, all the plaintiff’s assets vest in one fraudulent trust titled — RK Family Trust, without her knowledge,” the lawsuit said.
Sunjay Kapur passed away June 12 after collapsing during a polo match in England. He reportedly suffered a cardiac arrest.
A plea by Karisma Kapoor’s two children challenging the authenticity of the purported will of their late father is also pending in the Delhi High Court, with the kids accusing his wife Priya Kapur of being “greedy”.
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