The Hindu Business Line : Summons issued to Lodha, others in Birla case

Mr Ram Jethmalani, lawyer for the Birlas, comes out of the Alipore Court after filing a criminal suit against Mr R.S. Lodha, in Kolkata on Tuesday. — Parth Sanyal

Kolkata , Oct. 5

MD. Mumtaz Khan, Chief Judicial Magistrate of South 24 Parganas, Alipore, today issued summons against Mr R.S. Lodha, Mr S.N. Prasad, Mr V. Gouri Shankar and Mr S.K. Daga, all members of the M.P. Birla Trustee Board, following a petition filed for issuance of process against them Under Section 120B read with Sections 406, 420, 417, 467 and 204 of IPC for misappropriation of trust funds of over Rs 2,400 crore.

Mr Ram Jethmalani and Mr Mahesh Jethmalani, who appeared for Mr R.P. Pansari, complainant, said that the accused persons conspired to revoke the trust deed, which M.P. Birla and his wife, Priyamvada Devi Birla, had made. It was alleged that M.P. Birla and his wife wanted that all the assets of their estates should have been vested in public charity through the Trust. The names of the trusts are M.P Birla Trust, Priyamvada Birla Trust, Priyamvada Birla Fund, Priyamvada Birla Kosh and Priyamvada Birla Nidhi. The properties of these trusts have been vested in three charitable institutions, namely Hindustan Medical Institution, Eastern India Educational Institution and M.P. Birla Foundation.

Mr Pansari, the complainant, told the court from the witness box that he was the Honorary Secretary of all three charitable institutions. He said Mr R.S. Lodha was claiming that assets of M.P. Birla Estates have been bequeathed to himself by way of revoking all the trusts created by M.P. Birla.

He said that all the assets, which have already been vested to charity through the Trusts, have been taken away by Mr Lodha through a criminal conspiracy and breach of trust.

Mr Jethmalani prayed for issuance of a general search warrant, as the original trusts documents are in custody of Mr R.S. Lodha and said that in the probate petition pending before the Calcutta High Court, they have not disclosed anything about revocation of trust board.

The magistrate, however, refused to pass any order of general search warrant, but issued a show cause notice to the accused as to why a general search warrant shall not be issued against the accused persons.

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