The Allahabad High Court has expressed satisfaction over the end of a long-running family property distribution dispute between two brothers. The Court hopes that at Prayagraj, which is also called as “Teerthraj”, the hearts of two brothers will meet like the three rivers (Ganga, Yamuna and Saraswati) at the Sangam.
A single-judge bench of Justice Saurabh Shyam Shamshery heard the petition filed by Sunil Gupta and 6 others.
The Court had passed the following order on 19.09.2022:
“1. V.P Srivastava, Senior Advocate assisted by J.S Srivastava, Advocate for applicants and Anurag Khanna, Senior Advocate assisted by Nipun Singh, Advocate for Opposite Party No 2, have agreed to a proposal of the Court that why not a further chance be given to parties to settle the issue, before coming to the merit of the case.
- Put up for hearing as fresh on 27th September, 2022.
- Sunil Gupta and Vijay Gupta shall remain present in Court on the next date of hearing.
- Meanwhile, Senior Advocates appearing for parties, are requested to use their good office and pursue their clients to settle the matter.
- Paritosh Malviya, AGA is directed to inform the Trial Court that this Court has ceased with the matter and put up for final hearing on 27th September, 2022.”
In pursuance of above order the applicant Sunil Gupta and his elder brother, Vijay Gupta, are present in person along with their sons before the court.
On September 28, the matter was called at 2.00 PM and on request of the Court both brothers happily agreed that they will sit together at the Mediation Centre of the Court to take a step towards settlement of their disputes.
The Court advised them to sit together like the great brothers, “Ram and Laxman” and hope that they will appear before this Court at 4.00 PM like the said brothers and with a step taken towards amicable settlement.
Later at 4.00 PM hearing took place “in-camera” and Court appreciates that both brothers come together with smiling faces and made a joint statement that they have moved a step forward to settle their dispute ignoring earlier counter allegations. Even their sons, who have spoken with each other after four years, are happy to know about their respective families and they also expressed that it is in the benefit of both families that disputes may be resolved.
The Court heard both parties in person for about 15 minutes and they principally agreed that:
(i) the amount (not disclosed, though in the knowledge of parties and their respective advocates) with Company shall be distributed equally between two brothers and both will act in pursuance of it and possibly they will come with respective cheques of Company in this regard;
(ii) they will prepare their respective chart of properties owned by Company or ancestral as well as their respective status so that it may also be equally distributed between the brothers.
(iii) the parties will also come with further plans to share profit and liabilities of Company equally and mode of future administration of the Company.
The Court hopes that at Prayagraj, which is also called as “Teerthraj”, the hearts of two brothers will meet like the three rivers (Ganga, Yamuna and Saraswati) meet at Sangam.
The Court directed that on the next date Sunil Gupta and Vijay Gupta shall appear in person.
At this stage, Vijay Gupta, submitted that in case he is not able to appear in person due to his health, his son will appear and he will be bound by the decision taken by his son on his behalf.
The Court directed the son of Sunil Gupta to remain present in person on the next date of hearing.
The Court has fixed the hearing of the petition on October 12, 2022.