Calcutta High Court
Rajendra Singh Lodha vs Ajay Kumar Newar & Ors on 26 February, 2021
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IA No.GA 2 of 2005
(Old No.GA 553 of 2005)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
RAJENDRA SINGH LODHA
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 6 of 2009
(Old No.GA 3465 of 2009)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
RAJENDRA SINGH LODHA
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 7 of 2010
(Old No.GA 1052 of 2010)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
RAJENDRA SINGH LODHA
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 12 of 2011
(Old No.GA 1842 of 2011)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 13 of 2011
(Old No.GA 1854 of 2011)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 15 of 2013
2
(Old No.GA 3165 of 2013)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 16 of 2014
(Old No.GA 3278 of 2014)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
RAJENDRA SINGH LODHA
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 17 of 2015
(Old No.GA 2981 of 2015)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 18 of 2015
(Old No.GA 2987 of 2015)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 19 of 2015
(Old No.GA 3332 of 2015)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA @ PRIYAMVADA BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 20 of 2015
(Old No.GA 3619 of 2015)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
RAJENDRA SINGH LODHA
VS.
AJAY KUMAR NEWAR & ORS.
And
CHANDRA SEKHAR NOPANY
3
IA No.GA 22 of 2016
(Old No.GA 144 of 2016)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 28 of 2016
(Old No.GA 1473 of 2016)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 29 of 2017
(Old No.GA 2428 of 2017)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
ARVIND KUMAR NEWAR & ORS.
IA No.GA 30 of 2017
(Old No.GA 3332 of 2017)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 31 of 2018
(Old No.GA 1322 of 2018)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
ARVIND KUMAR NEWAR & ORS.
IA No.GA 32 of 2018
(Old No.GA 1424 of 2018)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
ARVIND KUMAR NEWAR & ORS.
4
IA No.GA 35 of 2019
(Old No.GA 622 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 36 of 2019
(Old No.GA 621 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 37 of 2019
(Old No.GA 620 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 38 of 2019
(Old No.GA 650 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 39 of 2019
(Old No.GA 652 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 40 of 2019
(Old No.GA 651 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
5
IA No.GA 41 of 2019
(Old No.GA 649 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 42 of 2019
(Old No.GA 648 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 47 of 2019
(Old No.GA 2007 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 48 of 2019
(Old No.GA 2045 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 49 of 2019
(Old No.GA 2229 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 50 of 2019
(Old No.GA 2376 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
6
IA No.GA 51 of 2019
(Old No.GA 2420 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 52 of 2019
(Old No.GA 2421 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 53 of 2019
(Old No.GA 2450 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 54 of 2019
(Old No.GA 2498 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
ARVIND KUMAR NEWAR & ORS.
IA No.GA 55 of 2019
(Old No.GA 2705 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 56 of 2019
(Old No.GA 2747 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
ARVIND KUMAR NEWAR & ORS.
7
IA No.GA 57 of 2019
(Old No.GA 2756 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
ARVIND KUMAR NEWAR & ORS.
IA No.GA 58 of 2019
(Old No.GA 2763 of 2019)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
ARVIND KUMAR NEWAR & ORS.
IA No.GA 59 of 2020
(Old No.GA 93 of 2020)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 60 of 2020
(Old No.GA 196 of 2020)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 61 of 2020
(Old No.GA 267 of 2020)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 62 of 2020
(Old No.GA 739 of 2020)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
8
IA No.GA 63 of 2020
(Old No.GA 793 of 2020)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 64 of 2020
(Old No.GA 794 of 2020)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 65 of 2020
(Old No.GA 796 of 2020)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
IA No.GA 76 of 2020
(Old No.GA 1236 of 2020)
TS 6 of 2004
IN THE GOODS OF :
PRIYAMVADA DEVI BIRLA, DECEASED
AND
HARSH VARDHAN LODHA & ORS.
VS.
AJAY KUMAR NEWAR & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 26th February, 2021
Mr. Abhrajit Mitra, Mr. Dhruba Ghosh, Sr. Advocates,
Mr. Debanjan Mandal, Mr. Sanjiv Trivedi, Mr. Soumya Ray Choudhury, Mrs.
Iram Hassan, Mr. Sanket Sarawgi, Ms. Mahima Cholera, Advocates for the
plaintiff.
Mr. S. K. Kapur, Sr. Advocate, Mr. Anuj Singh, Ms. Vineeta
Meharia, Mr. Pratik Mukhopadhyay, Mr. Aakash Bajaj, Advocates for respondent
nos. 1(b) and 1(c).
Mr. S. N. Mitra, Sr. Advocate, Mr. Kaushik Chowdhury, Mr. D. N. Sharma, Mr. Soumabho Ghose, Advocates for respondent no.3.
Ms. Suchishmita Chatterjee, Mr. Malay Kr. Seal, Advocates for respondent nos.1 and 2(d).
Mr. Joy Saha, Sr. Advocate, Mr. Yash Vardhan Deora, Ms. Asmita Ray Chaudhuri, Advocates for Majority APL Committee.
9The Court : This bunch of applications have been filed in the testamentary suit being T. S. 6 of 2004. The main suit has been assigned to this Bench and item nos.1 to 45 are the applications in the said suit which according to the department of this Court are pending. Out of these applications, the papers in respect of the applications under serial no.1 and 14 being IA No.GA 2 of 2005 and IA No.GA 29 of 2017 respectively are not yet available with the Bench.
The department is directed to take necessary steps so that the cause papers pertaining to these two applications are made available to this Bench on the returnable date. It also appears that item nos.15, 18, 19 to 25, 28, 30, 31, 33, 34, 39 and 41 are applications for issuance of sub poena. The parties are directed to apprise this Court on the returnable date as to which of the applications in serial nos.1 to 45 are alive as on date and which of them have become infructuous.
Let these applications along with the main suit being T. S. 6 of 2004 appear on 12th March, 2021 under the same heading when the parties shall take necessary instructions and apprise this Court about the present stage and status of the applications.
( ARINDAM MUKHERJEE, J.) pa