Financial Daily from THE HINDU group of publications
Thursday, Aug 12, 2004
Financial Daily from THE HINDU group of publications Thursday, Aug 12, 2004 |
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Corporate
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Corporate Disputes Birlas file counter to Lodha petition in HC Our Bureau
Kolkata , Aug. 11 MR K.K. Birla, Mr B.K. Birla, Mr G.P. Birla and Mr Y. Birla on Wednesday filed four separate oppositions to the petition filed by Mr R.S. Lodha seeking discharge of the caveats filed by the four Birlas, in the probate proceedings of the last will and testament of the late Priyamvada Birla, wife of the M.P. Birla. In the oppositions, the Birlas claimed that they have interest in the estate left by the late M.P. Birla as much as they have the right to file caveats in the probate case filed by Mr Lodha. It was contended that as the Birla properties have not been legally partitioned, each Birla has the right and interest over every and each property, save those that are separately acquired by any member of the Birla family. The Birlas filed the caveats challenging the authenticity of the will left by Priyamvada Birla. The Birlas, it was contended, believe that the will, of which Mr Lodha is claiming as an executor, is not the actual will of the late Priyamvada Birla, and so to obstruct Mr Lodha's intervention into the Birla properties, all caveats have been filed. They have claimed that being members of the Birla family, they do have a right to file caveats, so that Mr Lodha cannot hoodwink them. Under the Civil Procedure Code, there is no provision for challenging a caveat, hence this proceeding is not sustainable in law, it was contended. In the affidavit filed on Wednesday, it has been stated that of the six caveats filed, only four have been challenged and the remaining two by Ms Laxmi Newar and Ms Radha Mohta have been spared. So the rights of the remaining caveators, which have not been challenged, stands; hence, when the unchallenged too have the right on the property of the late M.P. Birla, equal right is shared by the other four Birlas without any figment of doubt, as stated in the affidavit. Legal circles point out that the response to the Birlas' affidavits from Mr Lodha would now be awaited by the court, after which only the matter can proceed. The matter is scheduled for hearing on August 25.
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