JUDGMENT

24.09.2013

1. The background to these applications is that the aforementioned suit has been filed by the Plaintiff, Dr. D.K. Modi son of Late Dr. K.N. Modi against his brothers, Mr. Y.K. Modi and Mr. M.K. Modi [Defendants 1 and 2 respectively] and his cousins Mr. K. K. Modi, Mr. S.K. Modi, Mr. U.K. Modi, Mr. V.K. Modi and Mr. B.K. Modi [Defendants 3 to 7 respectively], all sons of late Mr. Gujjar Mal Modi as well as Modi Rubber Limited (‘MRL’), Modi Industries Limited (‘MIL’) and Modi Spinning and Weaving Mills Limited (‘MSWML’) [Defendants 7 to 10 respectively] for permanent and mandatory injunction and declaration.

2. It is stated that late Mr. Multani Mal Modi had two sons, Dr. K.N. Modi and late Mr. Gujjar Mal Modi. Dr. K.N. Modi passed away on 27th May 2005 and Mr. Gujjar Mal Modi passed away in 1976. Dr. K.N.Modi’s sons, Dr. D.K. Modi, i.e., the Plaintiff and his two brothers Mr. Y.K. Modi and Mr. M.K. Modi, i.e., Defendants 1 and 2 constituted Group A. The sons of late Mr. Gujjar Mal Modi, i.e., Defendants 3 to 7 constituted Group B. It is further stated that the united Modi Family has been in control of a large number of public limited companies, which hold various pr