Delhi High Court - Orders
Ruchir Modi vs Bina Modi & Ors on 14 June, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 493/2024, I.A.No. 31728/2024, I.A.No. 31729/2024, I.A.No.
31730/2024
RUCHIR MODI ..... Plaintiff
Through: Mr. Harish N Salve, Sr. Advocate
with Ms.Anuradha Dutt, Mr. Swadeep
Hara, Mr.Haaris Fazili, Mr. Chaitanya
Kaushik, Ms.Priyanka, M.P, Mr.
Kunal Dutt, Mr. Avinash K Singh and
Ms. Prachi Pandey, Advocates
versus
BINA MODI & ORS ..... Defendant
Through: Mr. Mukul Rohatgi, Advocate with
Ms. Anita Katragada, Mr. Gyanendra
Kumar, Ms. Shikha Tondon, Mr.
Praful Goyal, Mr. Zaid Drabu, Mr.
Manthan Nagpal, Mr. Adhiraj and
Ms. Kamakshi Puri, Advocates for
R-1
Ms. Niyati Kohli and Mr. Pratham
Vir Agarwal, Advocates for D-2
Ms. Manali Singhal, Ms. Aanchal
Kapoor, Ms. Preetika Dwivedi and
Ms. Simran, Advocates for D-3
Ms. Suman Yadav, Advocate for D-4
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 14.06.2024
1. The suit for declaration and permanent injunction has been filed on behalf of petitioner with the following prayer:-
"(a) Pass a decree of declaration thereby declaring that the Defendant No. 1 has been acting in breach of trust and in breach of her fiduciary duties; and/or 30 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/06/2024 at 20:40:06
(b) Grant a permanent and mandatory injunction removing the Defendant No. I from the office of Managing Trustee of the K.K. Modi Family Trust and restraining Defendant No. I from interfering in any manner in the affairs of the K.K. Modi Family Trust; and/or
(c) Pass a decree appointing an Administrator to administer the affairs of the K.K. Modi Family Trust; and/or
(d) Direct rendition of accounts, inspection of ledgers, profit and loss accounts, share scripts, details of dividends, details of Demat accounts of the K.K. Modi Family Trust and all the Trust Companies, including as mentioned in Schedule II of the Trust Deed to the Administrator and/or the Plaintiff; and/or
(e) Pass a decree directing the administrator to:
i. Collect all the moneys due to the K.K. Modi Family Trust, including any moneys that may have been wrongfully appropriated by Defendant No. 1 and 2; and ii. Take steps to sell the assets of the K.K. Modi Family Trust in accordance with the mechanism set out in the Trust deed; and iii. Distribute the net proceeds of sale of all the assets and properties of the Trust to the four Family Branches as set out in the Trust Deed.
(f) Costs; and/or
(g) Pass such other and further order(s)/direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. Learned Senior advocate appearing on behalf of defendant no. 1 has taken a preliminary objection to the summons of being issued on the Suit except on the ground that there is a SLP pending before the Apex Court wherein the plaintiff has filed an impleadment application. Moreover, interim protection has already been given for the sale of property by the Apex Court. The present suit is not maintainable till such time the plaintiff withdraws his application under Order 1 Rule 10 CPC.
3. Learned counsel appearing on behalf of defendant no. 3 has submitted that defendant no. 1 is not letting them participate in the Board meeting and she is fully supporting the plaintiff. She has further submitted that though they were physically present and attended the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/06/2024 at 20:40:06 Board meeting but they were assaulted and their presence in the meeting was resisted.
4. Learned counsel appearing on behalf of defendant no.1 submits that the Meeting was attended on behalf of defendant no. 3.
5. Be that as it may, it is the suit filed by the plaintiff, the notice of which is issued and accepted on behalf of the defendants. In so far as, the challenge to the maintainability and rejection of the Suit is concerned the defendants are at liberty to move an appropriate application before the Roster Bench.
6. List before the Roster Bench on 10.07.2024.
NEENA BANSAL KRISHNA (VACATION JUDGE) JUNE 14, 2024/pu This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/06/2024 at 20:40:07