The Hindu Business Line : `Birlas willing to consider out-of-court settlement'

THE Birlas have finally broken their silence and appear to have extended the olive branch by announcing that they are willing to go ahead with an out-of-court settlement with Mr R.S. Lodha.

A formal announcement to this effect was made by Mr N.G. Khaitan of Khaitan & Co, the legal firm hired by the Birlas to fight Mr Lodha's claim of inheriting the Rs 5,580-crore assets of Priyamvada Birla, the late Chairman of the MP Birla Group, which has been apparently bestowed on him by virtue of a will, which has gone for probate.

"If a proposal for an out-of-court settlement comes from the Lodhas, then we will certainly think about it," Mr Khaitan told newspersons.

He, however, hastened to add that the Birlas had not yet received any such proposal and that no negotiations had been held either.

It was also confirmed that Mr P.L. Agarwal, a legal luminary and member of Khaitan & Co, was a witness to the will of Priyamvada Birla, but only in his personal capacity.

Regarding Mr Agarwal's role as far as the will is concerned, Mr Khaitan said that he was only a witness and not an "executant" of the will.

Though he preferred not to comment further on the matter, he did state that lawyers, in general, do stand witness to several such documents.

Mr Khaitan said that the Birlas would continue to stick to their earlier stance that the will read out to them on the evening of July 12 by Mr Lodha himself was not the "real will" of Priyamvada Birla.

According to Mr Khaitan, this would be the major point of contention for the Birlas in the legal proceedings ahead. However, he added: "Other contentions will come up once the copy of the will is handed over to them, which has not occurred so far."

The Birlas have neither received a copy of the will nor any notice from the Calcutta High Court.

It may be noted that on Monday, Mr Lodha filed a petition for grant of probate for the will.

However, Mr Khaitan said: "Just two days have passed. It is not yet time to receive any notice from the Court. The law will take its own course."

According to Mr Khaitan, this is possibly the most high-profile litigation ever fought in any Indian court.

On being pressed by newspersons, who had several questions for him, he said: "I will fight the matter in the court and not in front of the media."

Mr Debanjan Mandal, partner of Fox & Mandal, the solicitor firm for Mr R.S. Lodha, preferred not to comment on the development.

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