ALTERNATIVE DISPUTE RESOLUTION COMMITTEE

NATIONAL LAW UNIVERSITY, JODHPUR

SUMMER INTRA-UNIVERSITY ADR COMPETITION, 2022

PROPOSITION 2

© Alternative Dispute Resolution Committee

 THE PARTIES
Vrinda Kapoor
• Vrinda Kapoor, elder sister of the twins Dr.
Neil Kapoor and Dr. Aarav Kapoor, and
daughter of Dr. Rajeev Kapoor, completed
her graduation in Economics from Delhi
University.
• Vrinda possessed a deep passion for music,
just like her mother. However, she was
never given the chance to study music until
much later in life. She did however manage
to study music from the Merklee School of
music, United States in 2021.
• Unfortunate circumstances forced her to
take on early responsibilities and look after
the hospital established by her father,
named Purple Saffron Neuro Hospital
Enterprise Limited [“PSN Hospital”]. At
a very young age, she was involved in the
day-to day decision making of the
management. She poured her heart and soul
into managing her family and the affairs of
the Hospital, when her brothers were too
young to take on the responsibility.
• She still considers herself a part of PSN
Hospital’s success. With her degree in
musical theory and her first-hand
experience in managing PSH Hospital, she
wishes to play a role in managing the
hospital or a part of it.
© Alternative Dispute Resolution Committee
Dr. Neil Kapoor
• Dr. Neil Kapoor is a renowned neuro-
surgeon at the PSN Hospital. The hospital
was established in 1983 by his father, Dr.
Rajeev Kapoor, who was also known as
the architect of modern healthcare in
India.
• Dr. Neil Kapoor is regarded as one of the
best-neurosurgeons in the country.
Further, because of his innovations in the
field of neurosurgery, the hospital
continues to be recognized as one of the
best neurosurgery hospitals, just as was
envisioned by his father when he
established it.
• His continued hard work and
determination was quickly recognised by
the Board of Directors [“BOD”] of PSN
Hospital and he was set to follow his
father’s footsteps. The BOD of the
hospital was very much in favour of
bringing in his expertise and experience
on the BOD.
• He had great respect and love for his
father and was very attached to him, due
to the absence of his mother. When Dr.
Kapoor fell ill, he would sit for hours by
his father’s side catering to every need of
his.
 GENERAL BACKGROUND INFORMATION
Dr. Rajeev Kapoor was a well-known neuro-
surgeon based in Mumbai who led a happy and
fulfilled life with his wife Preeti and three
children, Vrinda, Dr. Aarav Kapoor and Dr. Neil
Kapoor. After gaining much success in the field
of neurosurgery, Dr. Kapoor established his own
hospital in Mumbai, now known as PSN
Hospital. The hospital flourished and is now
recognised as one of the best hospitals in the
world for neurosurgery. It was Dr. Rajeev
Kapoor’s vision and dedication that gave the
hospital its repute.
As the nation’s first corporate hospital, PSN
Hospital is acclaimed for pioneering the private
healthcare revolution in the country. The BOD
consists of individuals from all walks of life but
are the best in their field and expertise. Further,
Dr. Rajeev Kapoor along with being an executive
director, is also a majority shareholder in the
hospital, with 26% shareholding.
Dr. Aarav Kapoor and Dr. Neil Kapoor were
born almost 12 years after Vrinda. Four years
post the birth of the twins, Preeti died of blood
cancer. Dr. Rajeev Kapoor, who loved his wife
dearly, went into depression after his wife’s death.
Under these circumstances, it was left to Vrinda
to take care of the boys and from a very young
age, where she was saddled with the responsibility
of the twins and the household. More so, Vrinda
despite not being a doctor, managed the affairs of
the hospital commendably in Dr. Rajeev
Kapoor’s absence.
© Alternative Dispute Resolution Committee
Dr. Rajeev Kapoor gradually came out of his
depression and restarted his medical practice.
However, as he was very fond of painting, he
spent more time indulging in this hobby as it
helped him to deal with his pain better. He loved
all his children but was particularly fond of
Vrinda because of her capabilities to lead in his
absence. She had inherited her mother’s qualities.
Looking at her, Dr. Rajeev Kapoor could see
Preeti’s image. Having restarted his medical
practice, Dr. Rajeev Kapoor decided to give his
beloved daughter a gift as an appreciation for her.
As Vrinda had inherited her mother’s talent for
music and was known to be a great singer, Dr.
Kapoor decided to start a dedicated wing for
Music Therapy in his hospital in the name of his
daughter, by the name of ‘Vrinda Music Therapy
Centre’ [“VMT Centre”]. Created an
unprecedented class by itself, with brilliant and
innovative infrastructure, VMT Centre generated
15% of the annual revenue for the hospital.
Additionally, he also gifted her his 26%
shareholding in PSN Hospital.
As the children grew up, Vrinda fell in love with
a boy, Viraj, who Dr. Rajeev Kapoor did not
approve of. A few years later, Vrinda eloped with
the boy when she was 24 years old and married
him. Dr. Kapoor was deeply saddened by this as
he felt that Vrinda betrayed his love, trust and
confidence. The boys were just 12 years old then.
It was left to Dr. Kapoor to bring them up single-
handedly. He refused to marry again and
dedicated himself to bringing up his sons. Both
went on to study medicine as per his desire and
became well-known neuro-surgeons. While Dr. Dr. Neil Kapoor, will be accompanied by his
Aarav Kapoor settled in London, Dr. Neil lawyer, Mr. Vikrant Fatehi. Correspondingly,
Kapoor remained in Mumbai with his father. Vrinda Kapoor will be accompanied by her
lawyer, Ms. Nora Makhija.
Dr. Neil Kapoor completed his studies and
started working with his father at the hospital.
Like his father, he was a very dedicated and
passionate doctor. He successfully expanded the
hospital into offering other medical services as
well. As per a recent survey, PSN was recognised
as one of the biggest multi-speciality hospitals in
India generating a revenue of more than 39
billion rupees per annum.

After a prolonged illness, Dr. Rajeev Kapoor

passed away leaving behind a will bequeathing his
entire estate to his two sons with no mention of
his daughter in the will. It was as if, in his eyes,
she had ceased to exist. Dr. Aarav Kapoor and
Dr. Neil Kapoor applied for a probate of the will
and also contended that Vrinda should no longer
be a shareholder in the hospital as she had been
absent from Dr. Kapoor’s life and the Hospital’s
affairs for years, not performing her role as a
responsible shareholder.

Vrinda threatened to challenge the validity of the

will in court, on the ground, inter alia, that Dr.
Rajeev Kapoor was not of sound mind due to his
illness, as, otherwise he would not have omitted
her from the will. She also demanded that her
position as a 26% shareholder be retained and
that she is entitled to a share of the profits coming
out of the wing functioning under her name.

However, as Vrinda decided to take the matter to

court, Dr. Neil Kapoor invited her to mediation
to find a mutually beneficial solution to the issue
at hand.

© Alternative Dispute Resolution Committee