The Kerala High Court on Friday observed that company law matters in India are often just family disputes disguised as corporate affairs [S Ramakrishna Sarma & Ors. v. Company Law Board, Southern Region Bench & Ors.].A Bench of Chief Justice Nitin Jamdar and Harisankar V Menon was considering a company appeal when it remarked that most companies involved in such cases are family owned and cases often arise out of disputes between siblings. "Unfortunately most of our company law matters are nothing but family disputes in corporate gloss. Most of the companies are family owned companies. Underneath it all, these are family disputes," Justice Jamdar orally remarked. .The company appeal in this case was filed in 2007 over a dispute between siblings over a will issued in 1986 executed by their father.With the consensus of all counsel, the Bench decided that the best course of action would be to attempt mediation and directed the counsel to suggest names of mediators. On being told that the parties are all advanced in age now, the Bench permitted them to appear via video conference or be represented by an appropriate person for the mediation.Chief Justice Jamdar also remarked that the parties' legal heirs may be more agreeable to settling the matter. "Our experience in these matters is that the younger generation resolves it much better," the judge said.
