The Hindu : Business : Birlas place Will before court

Online edition of India's National Newspaper
Tuesday, Aug 31, 2004

Business

Business

Birlas place Will before court

KOLKATA, AUG. 30. The Birlas today placed before the Calcutta High Court what they described as the original of the purported mutual Will of the late M. P. Birla and the late Priyamvada Birla made in 1982 but sought permission to submit notarised copies of it with their probate application, expressing concern over its safety.

While placing the purported mutual will before Justice Kalyanjyoti Sengupta, Birlas' counsels, Satyabrata Mukherjee and P. K. Roy, submitted that it was an original document and as it was not registered they be allowed to submit notarised copies of it along with their probate application.

Claiming that most details of the case had been leaked to the media since the matter came into prominence last month, Birlas' counsel said that it only pointed to the fact that outsiders had gained access to the documents in the possession of the court. Hence it had to be ensured that their original will, which was not a registered document, had to be protected against loss, damage, tampering or defacement.

Mr. Justice Sengupta, however, took exception to Birlas' argument that documents were not safe in court's custody.

This prompted Birlas' counsel to offer to change his prayer even as R. S. Lodha's counsel, Anindya Mitra, not only opposed Birlas' prayer but also raised doubt over the originality of the will placed in the court by the Birlas.

The hearing in the matter was completed today with arguments from both sides. September 1 was fixed for passing of the order.

Mr. Lodha's counsel argued that by seeking permission to submit notarised copy of the purported Will, the Birlas were casting aspersions on the court and they should not be allowed to do so. During his arguments he also raised doubts over the genuineness of the document placed before the court by the Birlas.

When the document was placed in court, Mr. Justice Sengupta also asked the counsel whether it was original as it had the appearance of a carbon copy.

Satyabrata Mukherjee stated that the document was in possession of one of the executors.

The court also heard two applications by the Birlas to appoint an additional executor for the 1982 mutual Will in view of a vacancy created due to the death of M. P. Birla and Priyamvada Birla.

They sought to appoint B. K. Birla and Yashovardhan Birla as executors in the two Wills. The order on this would also be passed on Wednesday.

PTI

Printer friendly page
Send this article to Friends by E-Mail

Business