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2026 Supreme(SC) 151

SANJAY KUMAR, K. VINOD CHANDRAN
J. Muthurajan – Appellant
Versus
S. Vaikundarajan – Respondent


Advocates appeared:
For the Petitioner(s): Mr. V. Prakash, Sr. Adv. Mr. Nishant, AOR Mr. S. Karupasamy, Adv. Mr. S. Gokul, Adv. Mr. M. Gothaman, Adv. Ms. Oviya Barathi Ur, Adv. Mr. Anurag Tandon, Adv. Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. S. Santanam Saminadhan, Adv. Mr. N.V. Prakash, Adv. Mr. Rohan Rajasekaran, Adv. Mrs. Aarthi Rajan, AOR Ms. Abhilasha Shrawat, Adv. Mr. Kartik Malhotra, Adv. Mr. Shourya Dasgupta, Adv. Mr. Tushar Shrivastva, Adv. Mr. Vishal Sinha, Adv.
For the Respondent(s): Mr. Mukul Rohatgi, Sr. Adv. Mr. S. Niranjan Reddy, Sr. Adv. Mr. Balaji Srinivasan, AOR Mr. S. Elambharathi, Adv. Mr. Vishwaditya Sharma, Adv. Mr. Subornadeep Bhattacharjee, Adv. Mr. Muthu Thangathurai, Adv. Ms. Harsha Tripathi, Adv. Ms. Kanishka Singh, Adv. Ms. Suganya Ts, Adv. Mr. Parikshit Pitale, Adv. Mr. K. Shiva, Adv. Ms. Aakriti Priya, Adv. Mr. Rohan Dewan, Adv. Ms. Rajeshwari, Adv. Mr. S. Santanam Swaminadhan, Adv. Mr. N.V. Prakash, Adv. Mrs. Aarthi Rajan, AOR Mr. Rohan Rajasekaran, Adv. Ms. Abhilasha Shrawat, Adv. Mr. G. Anandaselvam, Adv. Mr. Habib Muzaffar, Adv. Mr. Abiram R, Adv. Mr. Jay Kishor Singh, AOR Mr. G. Balaji, AOR Mr. Neeleshwar Pavani, Adv. Ms. Arzu Paul, Adv. Mr. V. Puneedhan, Adv. Ms. D.Naveena, Adv. Ms. Vaishnavi, Adv. Mr. Shiv Kumar, Adv. Mr. Udayaditya Banerjee, AOR Ms. Shubhangi Pandey, Adv. Ms. Parul Shukla, Adv. Mr. Mukesh Kumar Singh, Adv. Mr. Narendra Kumar Goyal, Adv. Mr. Harsh Chaturvedi, Adv. Ms. Kajal Rani, Adv. Ms. Komal Singh, Adv. Mr. Kadam Hans, Adv. Mr. Jeetendra Kumar, Adv. Mr. Subodh, Adv. M/s. Mukesh Kumar Singh And Co., AOR

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The dispute involves family members over the division of assets accumulated over the years, with some siblings resolving their issues through arbitration, while others are contesting the validity of a family partition deed and related documents (!) (!) .

  2. The core contention revolves around a partition deed (KBPP) executed on 31.12.2018 and a subsequent document (Conciliation Award) dated 02.01.2019, which the respondents claim as an arbitration award under applicable law. The appellants argue that these documents were fabricated, executed under undue influence, coercion, and misrepresentation, and do not constitute a valid award (!) (!) .

  3. The respondents assert that the KBPP and the Award are binding and capable of execution as a decree, and that the appellants' challenge is an abuse of process, aiming to delay proceedings. They emphasize that all parties signed the KBPP knowingly, and the dispute should be resolved through execution or objections under relevant civil procedural provisions (!) (!) (!) .

  4. The appellants contend that the KBPP was not intended to be final or acted upon without further deliberation, and that it was resiled from shortly after execution. They also argue that the Award was fabricated after the fact, and that the documents do not follow proper procedures under the relevant arbitration law, especially regarding authentication and procedural compliance (!) (!) (!) .

  5. The courts initially rejected the challenge to the arbitration process, but upon review, found that the challenge to the validity of the KBPP and the Award was not barred and that the remedies were still available through proper civil proceedings. The courts observed that the challenge should be considered on the basis of the nature of the documents—whether they are family arrangements, partition deeds, or arbitration awards—and whether they were obtained through proper procedures (!) (!) (!) .

  6. The courts identified errors in the previous judgments, particularly in assuming the documents were an arbitration award without proper procedural validation, and in dismissing the allegations of fraud, undue influence, and misrepresentation. It was emphasized that these allegations require thorough examination in a proper civil suit, and not be dismissed summarily (!) (!) (!) .

  7. The final decision allowed the appeal, setting aside the rejection of the plaint, and remitted the case to the competent civil court for trial, emphasizing that the challenge to the validity of the KBPP and the Award remains open and that the parties may seek arbitration afresh if they withdraw their objections. The courts clarified that the dispute should be resolved through a civil suit and not solely through execution or procedural objections (!) (!) (!) .

  8. The courts highlighted that the remedy to challenge the documents lies in civil proceedings, and that the current proceedings do not preclude the parties from initiating arbitration or other legal remedies, provided they do so properly and without undue delay (!) (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


Table of Content
1. dissolution of family business assets (Para 2 , 3 , 4)
2. arguments against the validity of the kbpp (Para 6 , 7 , 8 , 9 , 10 , 11)
3. initial communications regarding the kbpp (Para 12 , 13 , 14)
4. court's analysis of kbpp and conciliation award (Para 15 , 16 , 17 , 18)
5. consequences of findings on fraud and custom (Para 19 , 20 , 21 , 22)
6. concerns regarding the conciliation award's validity (Para 23 , 24)
7. issues with concurrent proceedings (Para 25 , 26 , 27 , 28)
8. final court decision on the case (Para 29 , 30 , 31 , 32)
9. court's further mediation suggestion (Para 33 , 34)
10. conclusion and order to allow appeals (Para 35 , 36)

JUDGMENT :

1. Leave granted.

3. Differences simmering for some time, surfaced in the year 2018 and Vaikundarajan group asserts that on a request made by Jegatheesan, their half-brother Ganesan, acted as a Conciliator to bring about a settlement by a fair partition. A Partition Deed termed Kaithadi Baga Pirivinai Pathiram2 [For brevity ‘the KBPP’] was drawn up with the entire assets included in two Schedules. The division, alleged to be as per custom, was made by Jegatheesan with Vaikundarajan at the first instance choosing Schedule ‘C

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