Ex-Judges Vikramjit Sen and Kurian Joseph have been appointed as new mediators in the Lalit Modi family property dispute by the Supreme Court

Ex-Judges Vikramjit Sen and Kurian Joseph have been appointed as mediators in the Lalit Modi family property dispute by the Supreme Court

There is a long-running dispute between businessman Lalit Modi and his mother, Bina Modi, as well as his siblings. The Supreme Court on Thursday named two former Supreme Court judges as mediators.


Another suggestion made by a bench that includes the country’s top judge is that the parties use the Hyderabad Mediation Center for mediation.

The Bench has told the parties and the mediators to keep their conversations private, and they’ve asked them to sign an agreement about that.

The Bench has asked the mediators to speed up and finish the Mediation process, preferably within three months.

Senior Advocates Mukul Rohatgi and Harish Salve requested that the Court pick mediators whose names did not appear on their lists. They also requested that the Court permit them to request online mediation.

Both sides came up with names of Judges who could serve as arbitrators.

“I’ve named four people, and Mr. Salve has named two. Do not put an SC judge on either of our lists. Because people are terrified, the court will make a decision.” Mukul Rohatgi, a senior advocate, agreed.

There were two names that NV Ramana came up with that were both former Supreme Court judges. They were Justice RV Ravindran and Justice Sudarshan Reddy. That’s not what Rohatgi said. He said that these names are on a list that the other side has given them.

“I want to choose names that are not on either list,” Rohatgi explains. “These are judges who have just been unemployed,” commented the Chief Justice of India (CJI).

A senior lawyer for the other side said, “Your Lordships don’t have to ask us, just take two names.”

“I can now. I think Vikramjit Sen and Kurian Joseph should be on the court “CJI said that. Both sides agreed with the CJI’s ideas.

The Bench was hearing a petition from businessman Lalit Modi, who wanted to overturn a Delhi High Court decision that said his mother and siblings’ anti-arbitration injunction suit against him was valid. Modi wanted to overturn that decision, which said the suit was valid.

It was on December 6 that the bench said they should try to solve their ongoing family property dispute through mediation in India.

Lawyers for Lalit Modi’s mother and siblings agreed to find mediators and come back to the court with them so that a formal final order could be made. Senior Advocate Harish Salve was representing Lalit Modi. Senior Advocate Kapil Sibal and Senior Advocate Mukul Rohatgi were representing Lalit Modi’s mother and siblings.

KK Modi’s wife Bina Modi filed an anti-arbitration injunction suit against her son Lalit Modi. The Delhi High Court ruled that the suit could go forward. This petition is to overturn that decision.
It was filed by Lalit Modi’s mother Bina Modi, his sister Charu, and his brother Samiras. They wanted to stop Lalit Modi from going to arbitration in Singapore over property disputes in the family.

It was in March that a single bench of Justice Rajiv Sahai Endlaw threw out the suits filed by the people.

A trust arrangement existed between the family members and the KK Modi family trust, which cannot be resolved through arbitration in another nation since Indian law prohibits it. Bina, Charu, and Samir filed two separate lawsuits to try to get this settled.

This is the bench order for each division.

An order from the High Court dated December 24, 2020, says that “the Court would have jurisdiction to grant an anti-arbitration injunction if a party seeking an injunction can show that the agreement is null and void, inoperative, or impossible to perform.”

If the appellants had made a good case that the family trust deed wasn’t going to be arbitrable, the division bench said that the single bench should have continued with the case.

Issues under the Trusts Act aren’t subject to arbitration, according to the division bench. This is because by “natural implication,” the Trusts Act issues aren’t subject to arbitration.
It was said that in the first place, the subject matter should have been decided by a single judge because all of the people involved are Indian citizens and the trust’s assets are in India.

It was up to the arbitral tribunal to decide if the dispute could be arbitrated, according to Section 16 of the Arbitration and Conciliation Act. The single bench agreed with this. This is what the division bench said: The single judge’s reliance on Section 16 was “out of place.”

Courts can’t give injunctions if they can get an equal and more effective remedy through another type of action. This is what the single bench said in its ruling.

People who are suing say that before KK Modi died in November 2019, he signed a trust deed in London to record the terms of a 2006 oral family settlement. This was done before he died in November 2019.

Lalit Modi claims that a clause in the trust deed allows assets to be sold and the money to be split up if the family doesn’t come up with a deal in 30 days. It says in the trust deed that the beneficiaries will have a year to finish the sale process. His mother and two siblings said that on a true reading of the trust deed, there hasn’t been a sale.

edited and proofread by nikita sharma

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