Court seeks locus standi from Birlas

The Calcutta High Court on Wednesday asked Krishna Kumar, Basant Kumar, Ganga Prasad and Yashovardhan Birla to satisfy the court about their locus standi to file caveats in a probate petition relating to Priyamvada Birla's will.

Justice Kalyanjyoti Sengupta directed the four Birlas to file affidavits within two weeks in response to a petition filed by RS Lodha, challenging the authority of the four to file caveats on the issue.

The judge also directed Lodha to give a reply to the points raised by the Birlas against him within two weeks, and slated the case for hearing on August 25.

Lodha's lawyers argued that the caveats filed by the four Birlas should be cancelled because the four were in no way related to the property of MP Birla. They are not the natural legal heirs of the late MP or Priyamvada Birla's estate.

Birla lawyers observed that no copy of the probate petition was served on the four, though rules required them to reply to the probate proceeding within eight days from filing the probate.

To which Lodha's lawyers countered that the advocate on record of the Birlas, NG Khaitan, had received the copy on behalf of other two caveators, Radha Mohta and Laxmiben Newar, both sisters of the late MP Birla.

The story of not receiving a copy was not acceptable.

Samaraditya Pal, counsel for GP Birla, argued the copy should be served on the individual.

SB Mookherjee asked the court to pass an order extending the time of filing affidavits in the probate case. Justice Sengupta turned down the plea of Mookherjee on the gound that the probate case had not been assigned to him.

Only the application of Lodha seeking revocation of the four caveats had been assigned to him. Therefore, he had no jurisdiction to pass any order on the probate case.

However, the judge granted liberty to the Birlas to make an application for extention of time for filing affidavits in the probate case in an appropriate court.