Date:13/05/2005 URL: http://www.thehindubusinessline.com/2005/05/13/stories/2005051302190300.htm

Back HC stays order discharging caveatable right of Birlas for 10 weeks

Our Legal Correspondent

Kolkata , May 12

A Division Bench of the Calcutta High Court, comprising Mr Justice Pinaki Chandra Ghose and Mr Justice P.N. Sinha, on Thursday admitted two appeals filed by the Birlas, challenging the two orders passed on March 11, 2005 by a single judge.

The Appeal Court stayed the operation of the order for a period of 10 weeks, that is, around the middle of August, after the summer vacation.

The matter is fixed for hearing in the first week of August. The parties have been directed to file their affidavits in the meantime.

On March 11, the Trial Court had discharged the caveatable interests of K.K. Birla, B.K. Birla and Y. Birla in the 1999 will of Priyamvada Devi Birla. The court had upheld the caveatable right of Mr R.S. Lodha in the will of M.P. Birla, made in 1982.

Both the orders have been challenged through the filing of the two appeals.

While moving the appeal matter, Mr S.B. Mookherjee, Senior Counsel, said the Trial Court in its order observed that a substantial point of law was involved in this case, and therefore the aggrieved party may be allowed time to move in a higher forum; hence, operation of the order was sought to be stayed further till disposal of the appeal.

Counsel for Mr R.S. Lodha wanted to file an affidavit, and opposed prayer of stay till disposal of the matter. However, the court, after hearing allowed a limited stay.