Calcutta High Court
Harsh Vardhan Lodha & Ors vs Ajay Kumar Newar & Ors on 12 June, 2019
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
ORIGINAL SIDE
TS 6 OF 2004
IN THE GOODS OF:
PRIYAMVADA DEVI BIRLA (DECEASED)
AND
HARSH VARDHAN LODHA & ORS.
VERSUS
AJAY KUMAR NEWAR & ORS.
BEFORE:
The Hon'ble JUSTICE SAHIDULLAH MUNSHI
Date : 12th June, 2019.
For the plaintiffs:
Mr. Anindya Kr. Mitra,Sr. Advocate
Mr. Abhrajit Mitra,Sr. Advocate
Mr. Malay Kr. Ghosh,Sr. Advocate
Mr. Dhruba Ghosh,Sr. Advocate
Mr. Ramesh Sharma,Advocate
Ms. Manju Bhuteria,Advocate
Mr. Debanjan Mandal,Advocate
Mr. Sanjiv Kumar Trivedi,Advocate
Mr. Jishnu Chowdhury, Advocate
Mr. Sarvapriya Mukherjee, Advocate
Mr. Soumya Roy Chowdhury,Advocate
For defendant nos. 1(b) & 1(c):
Mr. S.K. Kapur, Sr. Advocate
Mr. Anil Gupta Sr. Advocate
Ms. Vineeta Meharia,Advocate
Mr. Anuj Singh, Advocate
Mr. Pratik Mukhopadhyay,Advocate
2
For defendant nos. 1(d) & 2:
Mr. Hirak Mitra,Sr. Advocate
Mr. Swarnendu Ghosh,Advocate
Mr. Debdutta Sen, Advocate.
Ms Suchismita Ghosh,Advocate
Mr. Malay Seal, Advocate
For defendant no. 3:
Mr. Surojit Nath Mitra,Sr. Advocate
Mr. D.N.Sharma,Advocate
Mr. Kaushik Choudhury,Advocate
Ms. Vaibhavi Pandey,Advocate
For defendant no. 3(a):
Mr. K.N.Mookherjee,Advocate
The Court :- By consent of the parties the following order is passed;
On the submissions made by Mr. Kapoor, learned Senior Advocate
appearing for defendant no. 1(b) and 1(c) and as adopted by Mr. Hirak Kumar
Mitra, learned Senior Advocate appearing for defendant nos. 1(d) and 2 as also
Mr. Surajit Nath Mitra, learned Advocate appearing for defendant no. 3(a), formal
proof of the plaintiffs' documents mentioned hereinbelow from serial nos. 1 to 95
are waived and marked as exhibits as shown hereinunder.
It is also noted that by letters dated 10th April, 2019 and 27th April,
2019, M/s. Khaitan & Co., Solicitors for the defendant nos. 1(b) and 1(c) have
also waived and /or dispensed with formal formal proof of plaintiffs' further
documents without admitting the contents thereof and the same is adopted by
defendant nos. 1(b), 2 and 3(a) through their respective learned Advocates and
are marked as exhibits in the manner as follows;-
3
Sl. No. Exhibit Particulars of Documents Judge's Brief
1. CCC Letter dated 19th September, 1985 PD 1
from Ashok V. Birla to M. P. Birla. (Page No.1)
2. CCC - 1 Copy letter dated 7th November, PD 9
1990 from Priyamvada Birla to (Page No.59)
Rameshwara Jute Mills Ltd. with
enclosure being Transmission Form.
3. CCC - 2 Copy letter dated 13th November, PD 10
1990 from Priyamvada Birla to S. S. (Page No.61)
Dalmia.
4. CCC - 3 Copy letter dated 13th November, PD 11
1990 from Priyamvada Birla to M. S. (Page No.62)
Dalmia.
5. CCC - 4 Letter dated 14th November, 1990 PD 13
from Shyamsundar Dalmia to (Page No.64)
Priyamvada Birla.
6. CCC - 5 Letter dated 14th November, 1990 PD 14
from Madhu Sudan Dalmia to (Page No.65)
Priyamvada Birla.
7. CCC - 6 Copy letter dated 10th December, PD 15
1990 from Priyamvada Birla to (Page No.66)
Zenith Distributors & Agents Ltd.
8. CCC - 7 Letter dated 9th January, 1991 from PD 16
Zenith Distributors & Agents Ltd. to (Page No.67)
Priyamvada Birla.
9. CCC - 8 Copy certificate dated 20th February, PD 22
1991 of Khaitan & Company, (Page No.88)
Advocates.
10. CCC - 9 Copy letter dated 11th March, 1991 PD 23
from Priyamvada Birla to the Sub- (Page No.89)
Post Master, Ballygunge Post Office.
11. CCC - 10 Copy letter dated 3rd April, 1991 in PD 24
form of Affidavit in duplicate of (Page No.90)
Priyamvada Birla addressed to
Supervisor Kanungo, Ramgarh Area
and copy letter from Priyamvada
Birla to Supervisor Kanungo,
Ramgarh Area.
12. CCC - 11 Copy letter dated 4th April, 1991 PD 25
from D.L. Rathi to S. K. Poddar. (Page No.106)
13. CCC - 12 Copy letter dated 5th April, 1991 PD 26
from Priyamvada Birla to the (Page No.107)
4
Sl. No. Exhibit Particulars of Documents Judge's Brief
Registering Authority, PVD, Beltala,
Kolkata- 700 020 with receipt and
enclosures being Form 31 and Form
20.
14. CCC - 13 Copy Unit Certificate No.292 11 PD 30
750027 dated 4th July, 1991 of (Page No.125)
34300 Units of Unit Trust of India.
15. CCC - 14 Copy letter dated 15th July, 1991 PD 31
from Priyamvada Birla to the (Page No.127)
General Manager (Bonds),
Mahanagar Telephone Nigam Ltd.
16. CCC - 15 Copy letter dated 22nd August, 1991 PD 32
from Priyamvada Birla to the Chief (Page No.128)
Account Officer (Bonds), Mahanagar
Telephone Nigam Limited.
17. CCC - 16 Letter dated 5th September, 1991 PD 33
from Mahanagar Telephone Nigam (Page No.129)
Limited to Priyamvada Birla.
18. CCC - 17 Copy of note dated 25th September, PD 34
1991 from K.K.Birla to L.N. Birla, (Page No.130)
Mrs. M. P. Birla, B. K. Birla and G.
P. Birla.
19. CCC - 18 Copy letter dated 3rd March, 1992 on PD 35
behalf of Late M. P. Birla to the (Page No.132)
Assistant Commissioner of Income
Tax and enclosures [being receipted
Wealth Tax Return as on 31st March,
1990 with its enclosures].
20. CCC - 19 Copy Indemnity Bond dated 19th PD 37
August, 1992 in duplicate. (Page No.201)
21. CCC - 20 Copy Undertaking dated 19th August, PD 38
1992 in duplicate signed by (Page No.205)
Priyamvada Birla.
22. CCC - 21 Letter dated 18th April, 1995 from PD 46
Mahanagar Telephone Nigam (Page No.322)
Limited to Priyamvada Birla.
23. CCC - 22 Copy letter dated 14th June, 1995 PD 48
from R.K. Chowdhury to Justice (Page No.324)
P.N. Bhagwati, (Retired), forwarded
to S. N. Prasad.
24. CCC - 23 Letter dated 15th June, 1995 from PD 49
5
Sl. No. Exhibit Particulars of Documents Judge's Brief
Mahanagar Telephone Nigam (Page No.325)
Limited to S. N. Prasad with copy of
postal receipt.
25. CCC - 24 Letter dated 18th January, 1996 from PD 50
Kashinath Tapuriah to Priyamvada (Page No.326)
Birla.
26. CCC - 25 Note dated 11th November, 1996 PD 54
from K.K.Birla to Mrs. M. P. Birla, (Page No.353)
B. K. Birla, G. P. Birla and S. K.
Birla.
27. CCC - 26 Copy note dated 17th June, 1997 PD 56
from K.K. Birla to Mrs. M. P. Birla, (Page No.366)
B. K. Birla, G. P. Birla and S. K.
Birla with enclosure being a copy of
draft Agreement.
28. CCC - 27 Copy letter dated 17th March, 1998 PD 58
from N. K. Somani to Priyamvada (Page No.372)
Birla.
29. CCC - 28 Copy letter dated 19th March, 1998 PD 60
from Priyamvada Birla to Nand (Page No.384)
Kumar Somani.
30. CCC - 29 Copy fax message dated 21st March, PD 61
1998 from Priyamvada Birla to T. (Page No.386)
Surendar, Senior Correspondent,
Business World.
31. CCC - 30 Copy letter dated 8th April, 1998 PD 62 from Yashovardhan Birla to (Page No.388) Priyamvada Devi Birla.
32. CCC - 31 Note dated 16th August, 1998 from PD 64 K. K. Birla to Mrs. M. P. Birla, B. K. (Page No.398) Birla, G. P. Birla and S. K. Birla with enclosure.
33. CCC - 32 Copy letter dated 15th December, PD 65 1998 from K. Tapuriah to the (Page No.399) Trustees of M.P. Birla Foundation.
34. CCC - 33 Copy letter dated 15th December, PD 66 1998 from K. Tapuriah to the (Page No.400) Trustees of M.P. Birla Foundation Medical Society.
35. CCC - 34 Copy letter dated 15th December, PD 67 1998 from K. Tapuriah to the (Page No.Vol. II/401) 6 Sl. No. Exhibit Particulars of Documents Judge's Brief Trustees of Seva Nidhi Trust.
36. CCC - 35 Letter dated 19th December, 1998 PD 68 from K. Tapuriah to Priyamvada (Page No.402) Birla.
37. CCC - 36 Letter dated 8th October, 1999 from PD 73 K.K. Birla to Smt. Priyamvada Devi (Page No.455) Birla, B. K. Birla, G. P. Birla and S. K. Birla.
38. CCC - 37 Letter dated 8th November, 2000 of PD 76 K. K. Birla to Nandini Nopani and (Page No.535) others with enclosure.
39. CCC - 38 Copy note dated 27th November, PD 78 2001 from K.K. Birla to Mrs. M. P. (Page No.544) Birla, B. K. Birla, G. P. Birla, S. K. Birla and C. K. Birla.
40. CCC - 39 Note dated 27th August, 2002 from PD 79 K.K.Birla to Mrs. M. P. Birla, B. K. (Page No.546) Birla, G. P. Birla, S. K. Birla and C. K. Birla.
41. CCC - 40 Note dated 6th September, 2002 from PD 80 K. K. Birla to Mrs. M. P. Birla, B. K. (Page No.549) Birla, G. P. Birla and S. K. Birla with enclosure.
42. CCC - 41 Copy letter dated 22nd September, PD 84 2003 of Priyamvada Birla to the (Page No.557) Wealth Tax Officer and enclosures [being receipted Wealth Tax Return as on 31st March, 2003 with its enclosures].
43. CCC - 42 Copy letter dated 22nd September, PD 85 2003 of Priyamvada Birla to the (Page No.577) Income Tax Officer and enclosures [being receipted Income Tax Return as on 31st March, 2003 with its enclosures].
44. CCC - 43 Letter dated 14th July, 2004 from Mr. PD 91 N. G. Khaitan, Advocate to Rajendra (Page No.649) Singh Lodha.
45. CCC - 44 Copy letter dated 16th July, 2004 PD 93 from Fox & Mandal, Advocates to (Page No.652) Mr. N. G. Khaitan, Advocate.
7Sl. No. Exhibit Particulars of Documents Judge's Brief
46. CCC - 45 Letter dated 17th July, 2004 from Mr. PD 94 N. G. Khaitan, Advocate to Fox & (Page No.654) Mandal, Advocates.
47. CCC - 46 Copy letter dated 3rd September, PD 95 2004 from Fox & Mandal, Advocates (Page No.656) to Mr. N. G. Khaitan, Advocate.
48. CCC - 47 Copy letter dated 3rd/4th September, PD 96 2004 from Fox & Mandal, Advocates (Page No.657) to Mr. N. G. Khaitan, Advocate.
49. CCC - 48 Copy letter dated 6th September, PD 97 2004 from Khaitan & Co. to Fox & (Page No.659) Mandal, Advocates.
50. CCC - 49 Copy letter dated 6th September, PD 98 2004 from Khaitan & Co. to Fox & (Page No.660) Mandal, Advocates.
51. CCC - 50 Copy Report and Accounts of Baroda PD 110 Agents & Trading Company Limited (Page Nos.1 - 16 of for the year ended 31st March, 1999. additional disclosure dated 17.01.2018)
52. CCC - 51 Copy Report and Accounts of PD 111 Gwalior Webbing Company Limited (Page Nos.17 - 39 of for the year ended 31st March, 1999. additional disclosure dated 17.01.2018)
53. CCC - 52 Copy Report and Accounts of East PD 112 India Investment Company Private (Page Nos.40- 57 of Limited for the year ended 31st additional disclosure dated March, 1999. 17.01.2018)
54. CCC - 53 Copy Report and Accounts of The PD 113 Punjab Produce & Trading Company (Page Nos.58- 80 of Limited for the year ended 31st additional disclosure dated March, 1999. 17.01.2018)
55. CCC - 54 Copy Report and Accounts of Punjab PD 114 Produce Holdings Limited for the (Page Nos.81 - 93 of year ended 31st March, 2000. additional disclosure dated 17.01.2018)
56. CCC - 55 Certified copy of Form 32 in respect PD 140 of Mr. Ram Kishore Choudhury of (Page Nos.248 - 265 of his resignation as Director of Digjam additional disclosure dated Limited [Date of resignation: 23rd 17.01.2018) August, 2012].
8Sl. No. Exhibit Particulars of Documents Judge's Brief
57. CCC - 56 Certified copy of Form No. 32 in PD 141 respect of Mr. Pradip Kumar Khaitan (Page Nos.266 - 271 of of his resignation as Director of additional disclosure dated Pilani Investment & Industries 17.01.2018) Corporation Ltd. [Date of resignation : 28th May, 2014].
58. CCC - 57 Certified copy of Form 32 in respect PD 142 of Mr. Nand Gopal Khaitan of his (Page Nos.272- 276 of resignation as Director of Kesoram additional disclosure dated Textiles Mills Ltd. [Date of 17.01.2018) resignation: 10th March, 2009].
59. CCC - 58 Certified copy of Form 32 in respect PD 143 of Mr. Nand Gopal Khaitan of (Page Nos.277 - 286 of resignation as Director of Gobind additional disclosure dated Sugar Mills Ltd. [Date of resignation 17.01.2018) : 11th December, 2012].
60. CCC - 59 Certified copy of Form 32 in respect PD 144 of Mr. Haigreve Khaitan of his (Page Nos.287- 292 of resignation as Director of National additional disclosure dated Engineering & Industries Limited 17.01.2018) [Date of resignation : 29th September, 2014 ].
61. CCC - 60 Certified copy of Form 32 in respect PD 145 of Ms. Kalpana Vasant Rai Unadkat (Page Nos.293- 298 of of her appointment as Director of additional disclosure dated Essel Mining & Industries Ltd. [Date 17.01.2018) of appointment : 25th June, 2015].
62. CCC - 61 Certified copy of Form 32 in respect PD 146 of Ms. Nandini Khaitan of her (Page Nos.299 - 310 of appointment as Director of Xpro additional disclosure dated India Ltd. [Date of appointment : 21st 17.01.2018) March, 2015].
63. CCC - 62 Certified copy of Form 32 in respect PD 147 of Ms. Nandini Khaitan of her (Page Nos.311 - 316 of appointment as Director of GMMCO additional disclosure dated Ltd. [Date of appointment : 9th 17.01.2018) March, 2015].
64. CCC - 63 Certified copy of Form 32 in respect PD 148 of Ms. Surbhi Singhi of her (Page Nos.317 - 322 of appointment as Director of Pilani additional disclosure dated Investment & Industries Corporation 17.01.2018) 9 Sl. No. Exhibit Particulars of Documents Judge's Brief Ltd. [Date of appointment : 6th November, 2015].
65. CCC - 64 Certified copy of Form 32 in respect PD 149 of Ms. Sucharita Basu of her (Page Nos.323 - 328 of appointment as Director of Pilani additional disclosure dated Investment & Industries Corporation 17.01.2018) Ltd. [Date of appointment : 13th August, 2014].
66. CCC - 65 Certified copy of Form 32 in respect PD 150 of Ms. Sucharita Basu of her (Page Nos.329 - 334 of resignation as Director of Pilani additional disclosure dated Investment & Industries Corporation 17.01.2018) Ltd. [Date of resignation : 14th September, 2015].
67. CCC - 66 Certified copy of Form 32 in respect PD 151 of Mr. Haigreve Khaitan of his (Page Nos.335 - 345 of appointment as Director of XPRO additional disclosure dated India Limited [Date of appointment : 17.01.2018) 31st July, 2014].
68. CCC - 67 Certified copy of Form 32 in respect PD 152 of Mr. Haigreve Khaitan of his (Page Nos.346 - 351 of resignation as Director of XPRO additional disclosure dated India Limited [Date of resignation : 17.01.2018) 30th January, 2015].
69. CCC - 68 Certified copy of Form 32 in respect PD 153 of Mr. Haigreve Khaitan of his (Page Nos.352- 355 of resignation as Director of Orient additional disclosure dated Cements Ltd. [Date of appointment : 17.01.2018) 25th June, 2012].
70. CCC - 69 Certified copy of Form 32 in respect PD 154 of Mr. Rabindra Nath Jhunjhunwala (Page Nos.356 - 360 of of his appointment as Director of additional disclosure dated Orient Cements Ltd. [Date of 17.01.2018) appointment : 7th August, 2013].
71. CCC - 70 Download from the website of PD 155 Ministry of Corporate Affairs (Page No.361 of additional showing appointment of Mr. Nand disclosure dated Gopal Khaitan as Director of 17.01.2018) Mangalam Cement Ltd. [Date of appointment : 23rd October, 2000].
72. CCC - 71 Download from the website of PD 156 10 Sl. No. Exhibit Particulars of Documents Judge's Brief Ministry of Corporate Affairs (Page No.362 of additional showing appointment of Mr. Nand disclosure dated Gopal Khaitan as Director of 17.01.2018) Mangalam Timber Products Ltd.
[Date of appointment : 29th January, 1985].
73. CCC - 72 Downloaded content from the PD 157 website of Khaitan & Co., (Page Nos.363- 366 of Advocates. additional disclosure dated 17.01.2018) th
74. CCC - 73 Copy letter dated 12 October, 1999 PD 178 from Khaitan & Co., Advocates to (Page Nos.620 - 622 of Birla Corporation Limited. additional disclosure dated 17.01.2018) th
75. CCC - 74 Copy letter dated 6 December, 1999 PD 179 from Khaitan & Co., Advocates to (Page Nos.623 - 624 of Birla Corporation Limited. additional disclosure dated 17.01.2018)
76. CCC - 75 Copy notices of shareholders PD 180 meeting of Century Enka Limited (Page Nos.625 - 631 of th dated 4 September, 1997, New additional disclosure dated India Sugar Mills Limited dated 29th 17.01.2018) March, 2005, Saran Trading th Company Limited dated 28 March, 2005, Century Enka Limited dated 14th July, 2005, Texmaco Limited dated 27th November, 2007 and Texmaco Limited dated 10th June, 2010.
77. CCC - 76 Copy letter dated 15th September, PD 197 1998 from Khaitan & Co., Advocates (Page Nos.26 - 30 of to Birla Corporation Limited. additional disclosure dated 11.09.2018) st
78. CCC - 77 Letter dated 21 January, 1966 from PD 187 K. K. Birla to J. S. Lodha. (Page No. 3 of additional disclosure dated 11.09.2018) 79. CCC - 78 Undated letter from Kumar 188 Mangalam Birla to Aditya Vikram (Page Nos.4 - 9 of Lodha and Harsh Vardhan Lodha additional disclosure dated sent through airmail on 12th 11 Sl. No. Exhibit Particulars of Documents Judge's Brief December, 1977 and envelope. 11.09.2018)
80. CCC - 79 Invitation letter dated 11th December, PD 189 1984 from Sunanda Birla and Ashok (Page No.10 of additional Birla to R. S. Lodha. disclosure dated 11.09.2018)
81. CCC - 80 Greetings Card dated 6th September, PD 191 1992 from Kumar Mangalam Birla (Page Nos.13 - 14 of and Neerja Birla to R. S. Lodha additional disclosure dated 11.09.2018)
82. CCC - 81 Greetings Card 6th September, 1992 PD 192 from Aditya Vikram Birla to R. S. (Page Nos.15 - 17 of Lodha. additional disclosure dated 11.09.2018)
83. CCC - 82 Letter dated 17th December, 1992 PD 193 from Aditya Vikram Birla to R. S. (Page No. 18 of additional Lodha. disclosure dated 11.09.2018)
84. CCC - 83 Letter dated 2nd February, 1995 from PD 194 B. K. Birla to R. S. Lodha. (Page No. 19 of additional disclosure dated 11.09.2018)
85. CCC - 84 Letter dated 9th June, 1998 from PD 196 Rajashree Birla to R. S. Lodha. (Page No. 25 of additional disclosure dated 11.09.2018)
86. CCC - 85 Letter dated 23rd May, 2001 from PD 203 Chanda Kochhar, Executive Director, (Page No. 36 of additional ICICI to Priyamvada Devi Birla. disclosure dated 11.09.2018)
87. CCC - 86 Letter dated 19th November, 2001 PD 204 from R. S. Lodha to Kumar (Page No. 37 of additional Mangalam Birla. disclosure dated 11.09.2018)
88. CCC - 87 Letter dated 20th November, 2001 PD 205 from Kumar Mangalam Birla to R. S. (Page No. 38 of additional Lodha received by fax. disclosure dated 11.09.2018) 12 Sl. No. Exhibit Particulars of Documents Judge's Brief
89. CCC - 88 Copy letter dated 14th August, 2002 PD 206 from R. S. Lodha, President, FICCI (Page No. 39 of additional to Kumar Mangalam Birla. disclosure dated 11.09.2018)
90. CCC - 89 Letter dated 23rd August, 2002 from PD 207 Kumar Mangalam Birla to R. S. (Page No. 40 of additional Lodha. disclosure dated 11.09.2018) th
91. CCC - 90 Letter dated 26 December, 2003 PD 209 from Priyamvada Devi Birla to R. S. (Page Nos. 54 - 55 of Lodha with envelope. additional disclosure dated 11.09.2018) st
92. CCC - 91 Letter dated 1 March, 2004 of PD 212 Purushottama Lal to Priyamvada (Page Nos. 60 - 61 of Devi Birla and original envelope. additional disclosure dated 11.09.2018) th
92. CCC - 92 Letter dated 5 June, 2004 from PD 214 Writers Workshop signed by P. Lal (Page No. 64 of additional to Priyamvada Deviji. disclosure dated 11.09.2018) nd
94. CCC - 93 Letter dated 22 January, 1993 from PD 218 Aditya V. Birla to Shri R. S. Lodha. (Additional disclosure dated 26.09.2018) rd
95. CCC - 94 Copy of alleged Will dated 3 March, PD 219 2005 of Laxmi Devi Newar. (Additional disclosure dated 26.09.2018) The original documents have also been filed in Court today and they are marked accordingly.
Mr. Kapoor, learned Senior Advocate submits that the two more documents being PD 40 and PD 74 are also required to be produced in Court in original. However, since the originals are not lying today with Mr. Ghose's client, he is directed to produce the same tomorrow, 13.6.2019.
13Mr. Dhruba Ghosh, learned Counsel resumed examination-in-chief of the witness Mr. Harsh Vardhan Lodha but did not conclude the same. He will continue with examination-in-chief of Mr. Harsh Vardhan Lodha tomorrow.
Let the matter be listed on 13.6.2019 under the same heading.
(SAHIDULLAH MUNSHI, J.) GH.