Assertion ‘tenuous’ says HC, dismisses Ramesh Sippy’s plea for relief over South Mumbai flat

MUMBAI: Bombay high court dismissed an interim relief plea made last year by film producer Ramesh Sippy for over an Altamount Road flat and 500 shares of Sippy Films Pvt Ltd including rights to 27 films. Justice Manish Pitale on Friday rejecting his plea for court receiver's appointment said he was not inclined to show him any indulgence, finding his assertions "tenuous," his stands since 2012, "shifting." Ramesh Sippy has "not approached this Court with alacrity," the HC said.

Ramesh Sippy, director of the blockbuster Sholay and other hit films, sought the receiver’s appointment for the reason that three of his nephews “are illegally, exclusively enjoying’’ the assets of his late father G P Sippy, though he has a right to one-fifth share. He said he is the only surviving son of his father from among five siblings.

Last year, he filed a suit against the widow of one of his brothers, nine nephews and nieces and Sippy Films and two film distribution companies over the flat 5A and 27 films’ rights.

Earlier in 2012 he had filed another suit claiming right to another adjoining flat. The suit is pending.

G P Sippy had purchased the south Mumbai residential premises in Shree Vijaya Bhavan.

There have been several rounds of litigation among the family.

Through his counsel Shanay Shah , Ramesh Sippy now claimed a “strong prima facie case” over his share in the estate. It was “only in 2013” he said that he learnt of a 2007 Will made by father in favour of his mother Mohini Sippy, and a “purported will’’ she executed in July 2009 in favour of his brother, Suresh Sippy.

The defendants alleged Ramesh Sippy had been taking contradictory stands. Ramesh Sippy disputed the allegation arguing that he filed the suit last year only after becoming aware in Nov 2022, of a 2016 ‘relinquishment affidavit’ filed by Suresh Sippy. The HC said his reasons appear to be “stretching facts to bring suit within limitation’’.

The HC agreed with the nephews’ counsel Archit Jaykar. Justice Pitale said, "the stated stands" taken by Ramesh Sippy in 2012, in a caveat he filed when his nephews sought probate of a will in their favour and now in 2023, “prima facie give an impression that the plaintiff (Ramesh Sippy) has been shifting stands … ".

The court observed that no case made out for appointment of a receiver for flat 5A. The flats 5a and B were combined and two nephews are in possession of the combined flat. The HC noted that Ramesh Sippy’s earlier 2012 interim plea over flat 5B where he submitted his share certificate was rejected even by the Supreme Court.

Later the SC gave him liberty to file a review before the HC which he did in 2018. Last month, a two Judge bench of Justices Nitin Jamdar and MM Sathaye, disposed of the review plea after his lawyers said he intends to file a fresh interim application in the pending suit, which the bench said was open to him and which the Single Judge would decide on its own merits.

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