Delhi HC doesn’t have jurisdiction to injunct on foreign assets: Priya Kapur

Late industrialist Sunjay Kapur’s wife Priya Kapur and their minor son on Tuesday contended before the Delhi High Court that it does not have jurisdiction to injunct them from dealing with foreign assets in the UK and the US.

Priya Kapur’s counsel submitted that the issue of foreign assets is a matter of foreign jurisdiction and the high court cannot stop them from seeking title of Sunjay’s immovable properties abroad.

Justice Jyoti Singh, who concluded hearing arguments on an interim injunction application filed by Bollywood actress Karisma Kapoor’s children to restrain Priya Kapur from alienating them from Sunjay’s assets, asked the parties to file their written submissions in the matter.

The court listed the case for further consideration on December 22.

The interim application was filed in a suit of Karisma Kapoor’s children, challenging their late father’s purported will of his assets, reportedly worth Rs 30,000 crore.

During the hearing, senior advocate Akhil Sibal, appearing for Priya’s minor son, argued that the mother (Priya) has no intention to sell the shares in Aureus Investments Pvt Ltd (AIPL), which were transferred to her after her husband’s death.

But as far as immovable assets in the US and the UK are concerned, the high court here has no jurisdiction to pass a status quo order regarding them, he submitted.

He added that as per law, it can only be determined by the courts of jurisdiction in which the property is situated.

Senior Advocate Mahesh Jethmalani, representing the actress’ children, said if that was the case, the court could pass an order restraining Priya Kapur from “misusing the (alleged) forged will” to seek title of the properties located abroad.

Sunjay’s mother had earlier told the high court that instead of grieving his death, his wife Priya made every move to take control of his assets.

Sunjay’s mother Rani Kapur had said she was never told about her son’s will, which is silent on the existence of his mother even though he claimed that he got everything from her.

Karisma’s children have questioned the authenticity of the purported will.

Sunjay Kapur passed away on June 12 after collapsing during a polo match in England. He reportedly suffered a sudden cardiac arrest.