Sheetal Mafatlal’s appeal to be heard on merit: High Court

MUMBAI: The Bombay high court on Thursday observed that an appeal by socialite Sheetal Mafatlal against a single judge’s order, which directed her to bring proof of ownership over 44 paintings by renowned artists, requires consideration but did not stay the order.
A bench of Chief Justice Manjula Chellur and Justice M S Sonak said the appeal will be heard on merit in the regular course and be decided finally at the admission stage,.“We make it clear that we have not granted interim relief,’’ the bench said.
The paintings include works by artists like M F Husain, S H Raza and F N Souza.
State lawyer G W Mattos said last month the police probe identified five paintings that belong to the company but had no direct evidence of ownership for the remaining 39. The art collection has been at the centre of legal battles. The one before the HC now was where Sheetal’s late brother-in-law, Ajay Mafatlal, had claimed some of the paintings belonged to a Mafatlal group company in liquidation, Mafatlal Dyes and Chemicals, and not to her. The paintings are in the safe custody of JJ School of Arts. The HC passed an order last year that they should stay there till the ownership is decided.
Sheetal had intervened with a plea that the paintings belonged to her and must be returned. Justice K R Sriram had last December directed Sheetal to file affidavits and documents to prove ownership. Her appeal is against this order by the company judge.
A division bench directed her in April to file the affidavit. Her appeal was dismissed on technical grounds but later restored. Representing Sheetal, senior counsels Darius Khambata and Shrikant Doijode assailed the order as incorrect and said the company court had jurisdiction only to ascertain the company’s ownership, not hers.
An ex-director of the company is Sheetal’s husband, Atulya Mafatlal.
The liquidator’s counsels, Sharan Jagtiani and Prathamesh Kamat, opposed the maintainability of her appeal and her plea for a stay on proceedings before a single judge bench.
Justice A K Menon, on a plea by the liquidator for permission to sell off the 44 paintings after appointment of a valuer, on October 20 directed that letters be issued to art galleries and artists to find out who they were sold to. The court had also directed the liquidator to find out from JJ School of Art if the paintings were exhibited by leading art galleries, and furnish information. The liquidator has to present all information in a sealed envelope in court on November 24.