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Babasaheb Kalyani, Managing Director of Bharat Forge, has stated that his nephew Sameer Jai Hiremath and niece Pallavi Swadi have no right to seek partition of the Kalyani Hindu undivided family’s (HUL) assets as they are not part of it under current law.
In a response petition before the Pune Civil Court, Kalyani said Hiremath and Swadi cannot claim to be coparceners in the Kalyani joint family as they belong to Hiremath family by birth.
The children of Kalyani’s sister Sugandha and Jai Hiremath have opened a new chapter in the ongoing feud between Kalyani and Sugandha.
Last month, they filed a suit in a Pune court seeking partition of the Kalyani family assets, which includes Bharat Forge and other listed and privately held companies. On Monday, they urged the court to disallow their uncle from selling family assets.
Kalyani responded that the plaintiffs and the defendants do not have any common male ancestors and cannot be part of the same coparcener. The suit is an attempt to usurp rights in the Kalyani HUF, his affidavit said.
The plaintiffs have no locus standi to file the suit and it should be dismissed on this ground alone, he said.
‘Material suppression’
He said the suit mentions an alleged Kalyani HUF and lists certain properties under it.
It gives no details on how they became HUF properties, he said, adding that such “self-serving averments” were not enough to bring the properties under the purview of the partition suit.
While the plaintiffs have disclosed the pendency of the 2014 partition suit, they have failed to disclose that the suit pertains to the same matter of the partition of the alleged ANK (Annappa N Kalyani) HUF and NAK (Neelkanth Annappa Kalyani) HUF, Kalyani submitted.
“Not only does such material suppression and falsehood warrant dismissal of the present suit, but it also belies the claims made in the present suit and dis-entitles the plaintiffs from claiming any interim reliefs,” the petition said.
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