The Hindu Business Line : No bitterness in family, argues Birlas' counsel

THERE was no bitterness in the Birla family, as alleged by counsel of Mr R.S. Lodha, was the moot argument in totality on Thursday made by both Mr Arun Jaitley, counsel for Mr B.K. Birla, and Mr P.K. Roy, counsel for Mr Y. Birla, before Mr Justice Kalyan Jyoti Sengupta of the Calcutta High Court.

Mr Jaitley concluded his arguments, opposing the petition filed by Mr R.S. Lodha challenging the caveatable interest of the four Birlas in the probate petition.

Mr P.K. Roy stated that the last rites of both M.P. Birla and Priyamvada Birla have been performed by Mr Y. Birla. Had there been any family malice, Priyamvada Birla would not have allowed Mr Y. Birla to perform the last rites of M.P. Birla, it was submitted. Hence, the allegation of bitterness, being manufactured by Mr R.S. Lodha has no substantive basis. It is merely a slur and to create drama to establish the right of Mr R.S. Lodha over the Birla property, counsel argued.

It was further argued that Mr R.S. Lodha also staged another drama by introducing Mahatma Gandhi's presence in Gajanan Birla's letter written on August 2, 1934 in Varanasi, and that in the documents, which were supplied to the Birlas by Mr R.S. Lodha, the signature was found illegible and not clear to clearly identify the signature of Mahatma Gandhi.

Earlier in the day, Mr Jaitley stated that there are established laws, showing that newly replaced executors should have the right to challenge when the estate is in peril. Mr Jaitley argued as to why M.P. Birla and Priyamvada Birla appointed many executors in the mutual will of 1982.

He submitted that though there was no clear idea about the appointment of so many executors, it appears that they have appointed more executors only with an objective, so that their vast empire was not damaged.

M.P. Birla appointed Priyamvada Birla alongwith Mr K.K. Birla, a business magnate, Mr Kashinath Tapuria, a well-trusted person, and Mr P.K. Khaitan, a young rank outsider of the Birla family as executors of the 1982 will. Similarly, Priyamvada Birla appointed Mr M.P. Birla, Mr G.P. Birla, Mr K.N. Tapuria and Mr P.K. Khaitan, all trusted persons, as executors of the mutual will of 1982 with sole interest to bequeath the estate for public charity. This is a fight to protect public interest and to demolish the private interest, Mr Jaitley argued.

The hearing will continue.

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