The Hindu Business Line : The Birla-Lodha court battle begins

THE high-voltage courtroom battle between the scions of the Birla clan and Mr R.S. Lodha began on Wednesday at the Calcutta High Court with Mr Justice K.J. Sengupta asking the Birlas to clarify their locus standi in the matter of Priyamvada Birla's will.

He was hearing Mr Lodha's petition on cancellation of the four caveats filed by Mr K.K. Birla, Mr B.K. Birla, Mr G.P. Birla and Mr Y. Birla.

The Birlas were given 15 days to file their affidavits justifying their locus standi on the caveats. They were also allowed to file applications in support of their caveats.

Such applications, however, should follow the original side rules of the Hindu Succession Act and the Calcutta High Court, Mr Sengupta ruled.

Following the filing of the affidavits by the Birlas, the lawyers of Mr Lodha will get another 15 days to submit their reply. The matter will be heard again on August 25.

Eminent lawyers of the city turned up at Room No 7 of the Calcutta High Court.

While Mr Lodha was represented by Mr Anindya Mitra, the arguments for the Birlas were made by Mr S.B. Mukherjee, a Minister in the previous NDA Government.

Right at the beginning, Mr Justice Sengupta clarified that the discussion would be restricted only to Mr Lodha's petition on the cancellation of the Birlas' caveats and not on the main subject - granting of probate to the will of Priyamvada Birla.

Mr Mitra argued that the Birlas had no locus standi to file caveats as it went against the tenor of the Hindu Succession Act and High Court Original Side Rules.

Responding to this, Mr Mukherjee said that as the Birlas did not get a copy of the probate application, they were helpless and had to file the caveats.

In this context, he cited Rules 25 to 30 of Chapter XXXV of the Original Side Rules of Calcutta High Court, which gave the Birlas the right to have a copy of the will of Priyamvada Birla.

Meanwhile, Mr Debanjan Mandal, partner of Fox & Mandal, the solicitor firm appointed by Mr Lodha, said that the claim of the sister of M.P. Birla, Ms Radha Mohta, was not being challenged as a "matter of legal strategy".

In another development, Mr Pramode Khaitan, a city-based lawyer who has been consulted by Ms Gita Sanghi (daughter of Gajanan Birla, brother of M.P. Birla), said that his client was still contemplating staking claim to the assets of the MP Birla Group. "We are still debating the matter," he added.

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