Rajiv Kapur And Anr vs Girish Kapur And Ors.
2015 Latest Caselaw 5546 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Reserved on: July 17, 2015
                                   Date of Decision: August 3, 2015

+                       O.M.P. 1460 of 2014

RAJIV KAPUR & ANR.                             ....Petitioners
              Through:Mr. Anil Airi, Mr. Ravi Kishan Chandna,
              Mr. Aman Madan, Ms. Sadhna Sharma & Mr.
              Ishan Khurana, Advocates for Petitioner No.1.
              Mr. Salman Khurshid, Senior Advocate with Mr.
              A.T. Patra, Ms. Srishti Jai Singh & Ms. Geetanjali
              Kapur, Advocates for Petitioner No.2.

                              versus

GIRISH KAPUR & ORS.                             ....Respondents
              Through:        Mr. Sudhir Makkar, Ms. Meenakshi
                              Singh & Mr. Nitesh Kumar,
                              Advocates.

CORAM: JUSTICE S. MURALIDHAR

1. This petition under Section 9 of the Arbitration and Conciliation

Act 1996 ('Act'), is by Mr. Rajiv Kapur and Mr. Vikram Kapur, sons

of late Shri B.D. Kapur, seeking interim directions in respect of

resolutions passed on 24th October, 2014 by the Board of Trustees

(BoT) of the Dewan Harnam Das Saraswati Devi Trust and Dewan


OMP No. 1460 of 2014                                       Page 1 of 3
 Harnam Das Saraswati Devi Trust (Regd. Society). The prayer inter

alia is that the Respondents should be directed not to take steps to

alter the management and control of any entity which is the subject

matter of the Award dated 1st November 2014 passed by the learned

Sole Arbitrator in the disputes between the parties.


2. The Court has by a detailed judgement passed today in OMP

Nos.30 and 31 of 2015 set aside the directions issued by the learned

Arbitrator in the Award dated 1st November 2014 in relation to the

aforementioned two Trusts essentially on the ground that the

functioning of the Trusts were governed by a separate legal regime

and that parties should work out their remedies within the framework

of the said legal regime. With the directions issued in the Award

dated 1st November, 2014 of the learned Sole Arbitrator, forming the

principal basis of the prayers made in the present petition, and with the

said directions no longer existing in view of the order passed by the

Court today, the Court is not persuaded to entertain the present

petition to issue directions as sought.




OMP No. 1460 of 2014                                            Page 2 of 3
 3. It will, however, be open to the parties to avail other appropriate

legal remedies in accordance with law. The Court is also, therefore,

refraining from expressing any opinion on the merits of the

contentions of the parties in these proceedings.


4. The petition is disposed of. The interim orders stand vacated.




AUGUST 3, 2015                                     S. MURALIDHAR, J.

b'nesh