The Delhi High Court on Thursday (September 25) heard a fresh application by Priya Kapur, wife of late industrialist Sunjay Kapur, seeking permission to submit details of his personal assets and liabilities in a sealed cover or alternatively through a Confidentiality Club.
The hearing saw detailed arguments from both sides and oral observations from the court.
Here are the key takeaways from today’s proceedings:
1. Priya Kapur’s request for sealed cover filing
Senior advocate Sheyl Trehan, appearing for Priya Kapur, urged the court to allow filing of late Sunjay Kapur’s personal assets and liabilities in a sealed cover. She said, “I’m saying to them I will disclose in sealed cover on an undertaking of confidentiality. I’m not shying away from giving it to anyone. All the parties may have it.”
2. Concerns over media leaks and privacy
Trehan argued that sensitive financial information, including bank and DMAT account details, should not be made public. She said, “There has been a lot of media attention. Pleadings have been leaking… What is happening over here is a situation where everything is being leaked… it is a question of cyber security.”
3. Court’s oral observations on disclosure
Justice Jyoti Singh pointed out that in partnership and partition suits, assets are typically disclosed openly. The court remarked, “Tomorrow like any other suit when you file your written statement, you will set up a defence of Will… how will they file replication if they don’t have these details?”
4. Objections from the plaintiffs’ side
The plaintiffs’ counsel argued against confidentiality, stating, “In so far as property is concerned, world should know at large that they don’t have to deal with those properties… How much will go in sealed cover? Then they say given NDA. How will I verify?” They further claimed that “banks have been wiped off, there is nothing left in the bank account.”
5. Concerns of Sunjay Kapur’s mother
Senior advocate Amit Sibal, representing Kapur’s mother (Defendant 3), opposed the NDA proposal, asserting, “I have right given I’m class 1 heir to verify the Will independently. NDA will affect that. Order should not come in the way… I have a right to defend the suit.”
6. Court seeks holistic suggestion and precedents
The court asked Trehan to cite precedents, noting that NDAs are unusual in partition suits. Justice Singh said, “It is problematic… as alleged beneficiaries to the estate… have a right to question assets disclosed as in any other case. Tomorrow if they have to verify… and are bound by confidentiality club, how will they defend this case?”
The matter has now been listed for further hearing on Friday, September 26 at 2:30 pm, when Priya Kapur’s counsel has promised to return with a “holistic suggestion.”