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2015 Supreme(Bom) 1306

G.S.PATEL
Raivathari Madhupati Singhania – Appellant
Versus
Madhupati Vijaypat Singhania – Respondent


Advocates:
Advocate Appeared:
FOR THE PLAINTIFFS : Ms. Sharmila Deshmukh, with Ms. Rupali Dixit.
FOR DEFENDANTS NOS. 1 & 2 : Ms. Nivedita Sharma, i/b Mr. Rakesh G. Jain.
FOR DEFENDANT NO. 3 :Mr. Viraag Tulzapurkar, Senior Advocate, with Mr. Nikhil Sakhardande, & Mr. Suraj Juneja, i/b M/s. Wadia Ghandy & Co.,
FOR DEFENDANT NO. 4 :Mr. Janak Dwarkadas, Senior Advocate, with Mr. Kunal Dwarkadas i/b M/s. Vigil Juris.

JUDGMENT

1. Seventeen years ago, on 30th December 1988, Madhupati and Anuradha Singhania, Defendants Nos.1 and 2, signed a document styled as a ‘Memorandum of Family Settlement’ (“MoFS”) with Madhupati Singhania’s father, Dr. Vijaypat Singhania, the 3rd Defendant. By this document, At page 41 of the plaint. Madhupati and Anuradha Singhania gifted, transferred or otherwise relinquished rights over several properties, both movable and immovable, while retaining others. The document says they did so to avoid differences of ‘opinion and approach’ between Madhupati Singhania and his father, and matters of ‘tension and discord’ in their respective management styles. This is a reference to the business conglomerate then under the stewardship of Dr. Vijaypat Singhania. The document says that Madhupati and Anuradha Singhania desired to emigrate. The so-called severance is attributed to these factors.

2. Madhupati and Anuradha Singhania signed the MoFS not only for themselves, but also for their four children, the Plaintiffs, all minors at the time. It is not in dispute that after the exec
























































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