Alka Verma –
Published On: November 26, 2021 at 21:00 IST
While dealing with the ongoing 12-year-old household settlement battle of Kirloskar family, on 18 November 2021, the Supreme Court of India asked all the parties of the Case that whether they want to resolve the said dispute through Mediation.
A Bench comprising Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli asked the siblings, their family members and the businesses that if they want to go with Mediation under the guidance of former Supreme Court Judge Indu Malhotra.
“There can’t be a midway measure. One cannot say this or that firm won’t be social gathering to Mediation. All firms beneath all brothers should be social gathering to the mediation. If all sides are agreeable to this, then effectively and good. If not, then we are going to move interim orders,” stated the Bench.
The Supreme Court made this statement after A M Singhvi; Counsel appearing for Sanjay Kirloskar informed the Court that his other brothers have violated the Provision of Deed of Family Settlement (DFS).
According to Singhvi, other brothers violated the Deed of Family Settlement (DFS) for acquiring other companies which is meant to be a competition of his core business – manufacturing of pumps.
“Now, they say that since those companies were not part of the Deed of Family Settlement (DFS), they would not be party to the mediation. This would yield no result,” stated Singhvi.
However, Senior Advocates Shyam Divan and Ritin Rai, who were appearing for other brothers and the companies, informed the Court that the 3 companies acquired are those companies who are mentioned with independent directors.
Adding to this, they stated that because of this they cannot be asked to join the Mediation without the proper decision of Board.
After listening to both the parties, the Court stated, “Whether there is any nexus between the brothers and those three companies can be looked into by the mediator.”
“All companies have to join mediation for a comprehensive settlement. Let the mediator decide who are essential parties to the mediation and settlement. Otherwise it will be an incomplete mediation,” it added.
At last, the Bench listed the matter on December 1 for further hearing.
It would be pertinent to note here that Advocate Shyam Divan informed the Court that all brothers are ready for Mediation under Justice Malhotra.
Also Read: “Let’s Talk”: Thane Family Court invites families to settle down disputes through free counselling
