The Hindu Business Line : Judge declines to hear Birla probate case on personal grounds

THE probate matter of the will of the late Priyamvada Birla came up for hearing before Mr Justice Subhra Kamal Mukherjee of the Calcutta High Court today.

The judge, however, declined to take up the matter and released the same absolutely on personal grounds, sending the matter back to the Chief Justice of the Calcutta High Court for re-assignment.

While releasing the matter, the judge observed that his uncle was a close associate of the Birla Group and that he himself had worked for the Birlas when he was practicing as an advocate in the High Court. Hence, he felt, it was not fair on his part to take up the matter.

Meanwhile, Mr Rajendra S. Lodha today filed a petition in the High Court challenging the authority of the Birlas to file a caveat in the probate matter.

It may be recalled that Priyamvada Birla, widow of M.P. Birla, bequeathed her entire property to Mr R.S. Lodha, the corporate secretary of late M.P. Birla, through a will, which is now in the eye of the storm.

The matter, which was scheduled for today, as per the court list, related to obtaining of a probate of the said will by late Priyamvada Birla.

The eagerly awaited probate matter was actually listed as item No 39 before Mr Justice Mukherjee and at around 2.25 p.m., it was called out when the courtroom was packed with practicing advocates. But before the court could resume any business and to everyone's disappointment, the matter was released for re-assignment by the judge, thereby further increasing uncertainty over the whole issue.

Court sources aver that the matter was likely to come up again under a new judge soon. For the Birlas, senior counsel such as Satya Brata Mookherji (former Union Minister in the NDA government), Mr P.K. Roy, Mr S. Pal and Mr S.P. Sarkar appeared, while for the Lodhas, the standing counsel were Mr Anindya Mitra and Mr Pratap Chatterjee, son of Mr Somnath Chatterjee, the Lok Sabha Speaker.

Lodha files petition: Mr Rajendra Lodha today filed a petition under the Hindu Succession Act, 1956, as per the High Court Original Side Rules, challenging the authority of Mr S.K. Birla, Mr K.K. Birla, Mr B.K. Birla and Mr Y. Birla to lodge a caveat in the probate proceedings filed by him (Lodha).

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