New Delhi [India], September 12 : The Delhi High Court on Friday allowed an application filed by Priya Sachdev Kapur and her minor son seeking correction of an earlier order in the ongoing multi-crore estate battle over the assets of late industrialist Sunjay Kapur.
The rectification plea, moved under Sections 151 and 152 of the Code of Civil Procedure, pointed out that the September 10 order had wrongly recorded the appearance of Mandhira Kapur, Sunjay Kapur's sister, even though she was neither a party to the suit nor had she sought impleadment.
The application alleged that this error created a misleading record and amounted to an attempt at a "backdoor entry" into the case.
The suit has been filed by Kapur's children, Samaira Kapur and Master Kiaan Raj Kapur, through their mother, actor Karisma Kapoor.
They are seeking partition of the Rs 30,000 crore estate, rendition of accounts, and a permanent injunction against Priya Kapur and other family members.
On September 10, Justice Jyoti Singh issued summons in the case, directed the parties to exchange pleadings within fixed timelines, and ordered Priya Kapur to file a comprehensive list of Sunjay Kapur's movable and immovable assets.
The Court had also asked that the purported will of the deceased, presently in Priya Kapur's custody, be filed in a sealed cover. However, the order incorrectly reflected appearances for Mandhira Kapur, who is not named in the memo of parties.
Allowing the rectification application, the Court directed that the record be corrected to reflect the actual parties to the dispute.
The matter will now be heard on October 9, when the Court is expected to consider the plaintiffs' plea for interim relief restraining the defendants from selling, alienating, or encumbering the estate properties.
During earlier hearings, Senior Advocate Mahesh Jethmalani, appearing for the children, alleged that the will produced by Priya Kapur is forged and surrounded by suspicious circumstances, including its sudden disclosure at the Taj Hotel and the executor's learning of it only a day prior.
He argued that the unregistered will was never disclosed to the family earlier, despite repeated assurances from Sunjay Kapur regarding his children's financial security.
Senior Advocate Rajiv Nayar, representing Priya Kapur, countered that the children are already trust beneficiaries who had recently received substantial sums, including Rs 1,900 crore, and added, "It's not as if these people are left on the streets. I am a widow with a six-year-old child. For 15 years, they were nowhere to be seen."
Sunjay Kapur's mother, Rani Kapur, also voiced concerns through Senior Advocate Vaibhav Gaggar, alleging that her rights under the family trust had been undermined after Priya Kapur's marriage and citing the sale of Sona Comstar shares worth Rs 500 crore without her knowledge. "There's something unholy going on. I am 80 years old and concerned for my grandchildren. Despite repeated emails, I never received a copy of the will," she told the Court, urging that the estate be preserved until the dispute is resolved.