MOHAN LAL KUKREJA Vs. SUNDER KUKREJA

JUDGEMENT

(1.) Whereas Mohan Lal Kukreja fights for not only his reputation but even an asset, his brother Madan Lal Kukreja fights to protect his reputation because a finding of fact has been returned against them that they have forged a deed of retirement dated August 16, 1990. It is a slippery slope for Madan Lal and Mohan Lal because the challenge is to an award and the issue concerns a plea of an oral family settlement pleaded by Madan Lal and Mohan Lal with the deed of retirement dated August 16, 1990 at the fulcrum of the plea; and needless to state it is apparent that the award returns a finding of fact. Challenge to such awards is concededly on limited grounds. The slope to be climbed in such a terrain is obviously a very slippery slope. The task of Mr.Arvind Nigam, Senior Counsel, on whose back Mr.Suman Kapoor Advocate, piggy rode, was obviously arduous, and learned Senior Counsel guided us through the climb very slowly, with care and caution to cross the bridges and the spurs, and as a surveyor, we plotted the path of the journey. The present decision would determine whether the learned Senior Counsel successfully reached the peak. Or the slippery slope took its toll.

(2.) To set the setting of the scene for our opinion, the Kukreja family did well for itself when it stood united. Dropadi Devi Kukreja and her husband Late Shri D.R.Kukreja were blessed with six sons named: (i) Jethanand, (ii) Shyam Lal, (iii) Lekhraj, (iv) Ram Chand, (v) Mohan Lal and (vi) Madan Lal. The family had incorporated a company: M/s. Mohan Overseas Pvt. Ltd. Business was carried on under the name and style: (i) M/s. M.M. Enterprises, (ii) M/s. Super Fashions (iii) Karan Exports (iv) Chander Creations, and (v) D.R.Kukreja & Co. A plot bearing No.13, Sant Nagar, East of Kailash, a flat at Indraprakash Building on Barakhamba Road, plot No.1055, New Friends Colony, 3 flats at DCM Building at Connaught Place and a cinema plot in East of Kailash where Sapna Cinema was established were acquired, and we must indicate in this paragraph itself that the pleadings are hazy and so is the evidence concerning the business of M.M. Enterprises, M/s. Super Fashions and Karan Exports. There is evidence that the plot at Sant Nagar was acquired by M/s. Mohan Overseas Pvt. Ltd. The plot at New Friends Colony was acquired in the name of Ram Chand Kukreja and currently is owned by his wife Chander Kukreja. The three flats at DCM Building in Connaught Place are currently in the name of Sunder, Raj Kumar and Mohan. The family had some business in the United States of America evidenced by admissions before the learned Arbitrator of bank accounts in the United States of America. The family appears to have acted very inofficiously in their inter -se dealings, a facet which we shall highlight as we proceed along while noting the evidence.

(3.) The dispute with which we are concerned is the partnership business under the name and style D.R.Kukreja & Co. which owns Sapna Cinema.