The Delhi High Court’s order also specified that to protect the interests of justice and the plaintiffs (Anastasia Oberoi and two others), the defendant Rajaraman Shankar, Daniel Lee Farrugia, Natasha Devi Oberoi (executors of PRS Oberoi’s will), as well as EIH Limited, Oberoi Hotels Pvt. Ltd, and Oberoi Properties Pvt. Ltd. are prohibited from transferring or transmitting any shares held by the late PRS Oberoi in these companies.
NEW DELHI: Anastasia Oberoi, daughter of the late veteran hotelier PRS Oberoi, has filed a lawsuit in the Delhi High Court against her brother Vikramjit Oberoi, her sister Natasha Oberoi, and her cousin Arjun Oberoi.
In her lawsuit, Anastasia Oberoi accused her brother Vikramjit Oberoi and cousin Arjun Oberoi of conspiring with the executors appointed by their late father to impede the execution of his will.
On September 12, 2024, Justice Navin Chawla of the Delhi High Court issued an interim order favoring Anastasia and the other plaintiffs, which included an injunction concerning the shares held by PRS Oberoi and protection of Anastasia’s and her mother’s continued residence in their family home.
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Justice Chawla noted that the plaintiffs had provided sufficient preliminary evidence to support the reliability of the will and codicil presented in their case.
Justice Chawla noted,
“The plaintiffs have demonstrated a strong prima facie case in their favor. The balance of convenience supports the plaintiffs and not the defendants. The plaintiffs could face serious and irreparable harm if the shares and properties in question are transferred during the lawsuit and before the defendants’ response is reviewed by the court.”
The Delhi High Court’s order also specified that to protect the interests of justice and the plaintiffs (Anastasia Oberoi and two others), the defendant Rajaraman Shankar, Daniel Lee Farrugia, Natasha Devi Oberoi (executors of PRS Oberoi’s will), as well as EIH Limited, Oberoi Hotels Pvt. Ltd, and Oberoi Properties Pvt. Ltd. are prohibited from transferring or transmitting any shares held by the late PRS Oberoi in these companies.
An exception was made for one Class-A share, which may be transmitted to Rajaraman Shankar (COO of Oberoi Hotel Groups). However, the court stipulated that Rajaraman Shankar can only use his voting rights to ensure statutory compliance and report filing, and is barred from using these rights for any other matters.
In the lawsuit, the plaintiffs requested a court order declaring their right to own, hold, enjoy, and exercise all rights related to 1,600 A Class shares and 62,075 B Class shares of Oberoi Hotels Pvt. Ltd., as well as 100 A Class shares and 2,600 B Class shares of Oberoi Properties Pvt. Ltd., and a 46 percent capital contribution in Aravali Polymers LLP. These rights are claimed under the Will dated October 25, 2021, and Codicil dated August 27, 2022, of the late PRS Oberoi.
The plaintiffs also sought a permanent injunction against Rajaraman Shankar, Daniel Lee Farrugia, Natasha Devi Oberoi, and the companies Oberoi Hotels Pvt. Ltd. and Oberoi Properties Pvt. Ltd. This injunction would prevent them from registering any transfer or transmission of shares held by the late PRS Oberoi in these companies, except in favor of the legatees specified in the last will and codicil.
The counsel for Vikramjit Singh Oberoi and Arjun Singh Oberoi argued that the lawsuit is not maintainable. They contended that, according to a settlement between the Testator and his father, Rai Bahadur MS Oberoi, the shares of Oberoi Hotels Pvt. Ltd. and Oberoi Properties Pvt. Ltd. were held in trust by the Testator for Vikramjit and Arjun.
These shares were to pass to them upon the Testator’s death. This arrangement was also reflected in a Will dated March 20, 1992, executed by the Testator to formalize this understanding.
Anastasia Oberoi and the other plaintiffs were represented by Senior Advocates Sandeep Sethi, Arvind Nigam, Arun Kathpalia, and Jayant Mehta, along with Advocates Swapnil Gupta, Shivambika Sinha, and Nimita Kaul from Capital Law Chambers LLP, and Advocate Aadil Singh Boparai.
The defendants were represented by Senior Advocates Neeraj Kishan Kaul, Amit Sibal, and Rajiv Nayar, along with Advocates Aseem Chaturvedi, Aakash Bajaj, Shivank Diddi, Shankh Sengupta, Ribi V. Garg, Shreyash Sharma, Preorna Banerjee, Sania Abbasi, and others.
