Kirloskar feud
SC directs status quo on civil suit, Bombay HC order
image for illustrative purpose
The Supreme Court Tuesday ordered status quo in the Kirloskar Brothers Ltd family feud related to assets wherein KBL's CMD Sanjay Kirloskar has challenged the Bombay High Court order directing arbitration in the case.
The apex court's status quo will also extend to the proceedings in the Pune civil court on KBL seeking damages for violation of the family deed. Asking the parties involved in the case to explore the possibility of mediation, a Bench comprising Chief Justice NV Ramana and Justice Surya Kant issued notice on the appeal by Sanjay Kirloskar and asked them to file replies within six weeks.
The top court asked Kirloskar brothers - Sanjay and Atul with others to explore mediation to resolve the family dispute relating to the assets. "We both (judges) feel it is one of the reputed families and company. We feel the issues are sorted out by mediation or arbitration which is better in the interest of the company," the bench said. "You go on litigating in the civil courts, you know. I don't want to comment on the system. All the lawyers can sit together and solve a way out and if you want some external assistance we can appoint some retired judge. Why do you unnecessarily want to fight this litigation? You can have some alternative resolution. There must be some common family friends and they can mediate," the Bench said.
The feud over the deed of family settlement relates to the assets of the more than 130-year old Kirloskar group reached the apex court, with Sanjay Kirloskar moving the apex court against the Bombay High Court order that had relegated the dispute to arbitration. The appeal contended that the order of the High Court is factually and legally untenable and misconceived and it contains serious errors of fact and law and incorrect findings have been arrived at on an erroneous basis.