The Hindu Business Line : Lodha challenges appointment of executors

Mr Rajendra S. Lodha on Tuesday challenged the appointment of Mr B.K. Birla and Mr Y. Birla as the executors of the mutual wills of the late Priyamvada Birla and M.P. Birla made in 1982.

On August 25, Mr Arun Jaitley, counsel for Mr B.K. Birla, and Mr P. K. Roy, counsel for Mr Y. Birla, filed two separate supplementary affidavits to put the fact in record that after the death of M. P. Birla and Priyamvada Birla, two posts of executors of the 1982 will stood vacant. Mr B. K. Birla and Mr Y. Birla were appointed executors on the demise of M. P. Birla and Priyamvada Birla, in the vacant posts.

M. P. Birla, along with three others, appointed Priyamvada Birla as the executrix. Simultaneously, Priyamvada Birla also appointed her husband M. P. Birla as one of the executors of the 1982 will along with three others, according to the tenor of the wills.

Mr R.S. Lodha, in a reply to the supplementary affidavit, stated that the endeavours to appoint Mr B. K. Birla and Mr Y. Birla as the executors, is nothing but an attempt to hopelessly create their caveatable rights.

Mr B. K. Birla and Mr Y. Birla attempted to establish that they were the appointed executors of the 1982 wills only on August 24, 2004. Hence, it is evident that to establish their rights in Priyamvada Birla's estate, the other Birlas are trying to stay in to consolidate their claims. But it is not tenable in law, the affidavit of Mr Lodha said.

Mr R. S. Lodha, in a reply to the supplementary affidavit, further stated that the court should not accept such a frivolous affidavit, which is merely an abuse of the process of law, and as such, should be rejected.

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