SC appoints two ex-judges as mediators in Lalit Modi's family property dispute
Dec 16, 2021
New Delhi [India], December 16 : The Supreme Court on Thursday appointed two of its retired judges as mediators between former IPL head Lalit Modi and his mother Bina Modi and his siblings to resolve a long-pending property dispute in the family.
A Bench of Chief Justice of India N.V. Ramana and Justices A.S. Bopanna and Hima Kohli appointed former Supreme Court judges Justices Vikramjit Sen and Kurian Joseph as mediators in the case.
It has directed the parties to maintain confidentiality and has requested the mediators to take an undertaking in that regard.
The top court in its order said, "Ultimately both parties have agreed to mediation under Justice Vikramjit Sen and Justice Kurian Joseph. We suggest parties use facilities of the Mediation Centre at Hyderabad. They can request for online mediation. Mediation to expedite proceedings preferably within a period of three months."
The apex court was hearing an appeal filed by Lalit Modi challenging the division bench judgement of the Delhi High Court that the anti-arbitration injunction lawsuit filed by Bina Modi, wife of late industrialist K.K. Modi, against her son is maintainable.
Lalit Modi's mother Bina Modi, his sister Charu and brother Samira had filed a plea in the High court seeking to restrain the arbitration proceedings initiated by Lalit Modi in Singapore over property disputes in the family.
They, in two separate suits, had contended that there was a trust deed between the family members and the KK Modi family trust matters cannot be settled through arbitration in a foreign country according to Indian laws.
They had sought permanent injunction restraining Lalit Modi from prosecuting or continuing with the application for emergency measures and any arbitration proceedings against them in Singapore.
The division bench of High Court in December last year had set aside the judgement of a single judge of the High Court, which had said it does not have the jurisdiction to adjudicate the anti-arbitration injunction suits filed by Lalit Modi's mother and siblings and they are open to take such pleas before the arbitral tribunal in Singapore.
It had held that it has the jurisdiction to decide Bina Modi's plea challenging Lalit Modi's move to initiate arbitration proceedings in Singapore.
