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After the Delhi High Court directed late businessman and former Sona Comstar chairman Sunjay Kapur’s widow, Priya Kapur, to disclose details of all his movable and immovable assets, Priya urged the court Thursday to permit her to submit the details in a sealed cover, and with a confidentiality clause.
The court of Justice Jyoti Singh, however, orally flagged that passing of any such order can be “problematic”, impinging on the parties’ right to question or verify the assets disclosed.
The court sought judicial precedents for any such order of sealed cover submission of disclosure assets that may have been passed, even as Priya’s counsel told the court that she might be permitted to return with a suggestion amenable to all parties involved.
Samaira and Kiaan, however, opposed Priya’s assertion, arguing, “Our information is, bank (accounts) has been wiped off… For properties, the world should know… How will I confirm the transactions (if sealed cover submission and confidentiality clause is ordered for)?”
Justice Singh too concurred orally, adding, “It is problematic because at the end of the day they (plaintiffs) have a right to question the assets disclosed. Tomorrow, if they’ve to verify the list, if they’re bound by this confidentiality clause, how will they verify?… How will any party defend …? There are nuances…”
Priya has filed the application in a partition suit moved by Samaira and Kiaan – his children from his second marriage to actor Karisma Kapoor – demanding a share in his estate, and raising suspicion over the genuineness of Sunjay’s will.
Appearing for Priya, Senior Advocate Shyel Trehan argued that while she is not raising any issue with disclosure of assets but given the sensitive financial details involved, it may also become a “question of cyber security”.
“There’s been a lot of media attention…there are bank details. We’re not shying away (from disclosing the assets), let there be confidentiality, that’s all,” Trehan argued.
However, Justice Singh, addressing Trehan, orally inquired, “How much of it will go in sealed cover? There will be written submissions filed and objections (which will refer to the asset details)…Has the court passed this kind of order?… Show me some law.”
Trehan added that such orders are passed in commercial and intellectual property matters, and emphasised that there’s no prejudice caused to anyone, as she is only asking for two pages to be kept in a sealed cover.
Meanwhile, Senior Advocate Amit Sibal, appearing for Rani Kapur, Sunjay’s mother, sought that they too be provided with a copy of the will, in addition to opposing Priya’s request.
“(Rani) also wants to verify the authenticity of the will independently. (Court) Order shouldn’t come in the way of it. If I want to give for forensic testing, I can’t (if confidentiality clause and sealed cover submission is allowed)… Law is the same for the rich and the poor,” Sibal submitted.
The court is due to hear the matter further on Friday.
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