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Birlas file appeal in HC over Sengupta order

May 07, 2005 12:20 IST

Krishan Kumar Birla, Basant Kumar Birla and Yashovardhan Birla filed an appeal on Friday in the Calcutta high court, challenging the order of Justice Kalyan Jyoti Sengupta of the Trial Court, which had discharged their caveatable interest in late Priyamvada Birla's will of 1999.

One of the reasons cited by the appellants was that G P Birla's caveatable interest in the will was not discharged, as he was one of the executors of Priyamvada Birla's will.

On the same grounds, the Birlas maintained, KKB, BKB and Yashovardhan Birla also had caveatable interest.

KKB was one of the executors of M P Birla's will of 1982. BKB was nominated as an executor recently in Priyamvada Birla's will of 1982, while Yashovardhan Birla was nominated in M P Birla's will of 1982.

However, it was struck down by jutice Sengupta. The three Birla family members have filed the appeal and a stay application seeking court's order to stay the order of Justice Sengupta.

The case will be listed before a division of the high court next week, as Justice Sengupta, while passing his order, stayed the order till May 11.

The order was passed on March 11. Earlier immediately after the order was passed by Justice Sengupta, N G Khaitan, solicitor for the Birla family, had said, "This is a victory for us, as well."

He had said that whether one or more caveators were recognised, was immaterial. He however did maintain that a final decision would be taken, once he received the order in hand.

Khaitan said, he would take a call on filing more caveats, once the appeal had been dealt with.

The other executors of Piyamvada Birla's will of 1982 were Kashi Nath Tapuriah (brother of Priyamvada Birla), Pradip Kumar Khaitan, senior partner Khaitan & Co.

The judgement passed by Justice Sengupta implied that there were three recognised caveators from the Birlas' side -- G P Birla, Lakshmi Devi Newar, Radha Devi Mohta (sisters of M P Birla) -- who could challenge the probate application for Priyamvada Birla's will of 1999.

The judgement also implied that the court has rejected that the Birla family was a Hindu undivided family, which was the premise of the Birla counsels' argument. The move to file an appeal by the Birla family would further delay the probate proceedings.
BS Bureau in Kolkata