HC questions Priya Kapur's plea to reveal Sunjay's assets in sealed cover

The Delhi High Court observed that Priya Kapur's request to file Sunjay Kapur's asset details in a sealed cover with confidentiality would hinder heirs' right to verify disclosures

The Delhi High Court on Thursday said Priya Kapur’s plea seeking to file details of late Sunjay Kapur’s assets in a sealed cover with a confidentiality clause was “problematic”. Priya is the widow of the late businessman and former Sona Comstar chairman, who died in a freak accident in London earlier this year.

 

Justice Jyoti Singh observed that allowing the plea would be “problematic” because it would limit the right of other parties to verify the asset disclosures.

 

The court is hearing a petition by Samaira (20) and Kiaan Raj (15), children of actor Karisma Kapoor and Sunjay Kapur. They have questioned the authenticity of a will presented as Sunjay’s, which allegedly excludes them, and have sought a share in their father’s estate. Earlier, the court had asked Priya Kapur to disclose details of all movable and immovable assets of her late husband.

   

Samaira and Kiaan opposed Priya’s request on Thursday, arguing that secrecy would prevent them from verifying financial transactions and property records.

 

“Our information is bank accounts have been wiped off… For properties, the world should know… How will I confirm the transactions if sealed cover submission and confidentiality clause is ordered?” their counsel submitted.

 

Justice Singh noted orally: “It is problematic because at the end of the day they (Samaira and Kiaan) have a right to question the assets disclosed. Tomorrow, if they have to verify the list, and they are bound by this confidentiality clause, how will they verify? How will any party defend? There are nuances…”

 

Senior Advocate Shyel Trehan, representing Priya, clarified that her client was not resisting disclosure but was only seeking confidentiality because of the sensitive financial data involved.

 

“There has been a lot of media attention… there are bank details. We are not shying away from disclosing the assets, let there be confidentiality, that’s all,” Trehan said.

 

Trehan argued that such orders had been passed in commercial and intellectual property cases and stressed that no prejudice would be caused, as the request was limited to keeping only two pages under sealed cover.

 

Justice Singh, however, questioned the practicality of the request. “How much of it will go in sealed cover? There will be written submissions filed and objections which will refer to the asset details… Has the court passed this kind of order? Show me some law,” the judge said.

 

Senior Advocate Amit Sibal, appearing for Sunjay’s mother Rani Kapur, also opposed Priya’s plea and sought a copy of the will for independent verification.

 

“(Rani) also wants to verify the authenticity of the will independently. Court order should not come in the way of it. If I want to give it for forensic testing, I can’t if confidentiality clause and sealed cover submission is allowed. Law is the same for the rich and the poor,” Sibal submitted.

 

The judge has asked Priya Kapur’s counsel to cite judicial precedents where courts permitted filing such details in sealed cover. The matter will be heard further on Friday.