SC notice to Lodha on Birlas' petition

New Delhi, Feb 12 (UNI) The Supreme Court today issued notices to Rajendra Singh Lodha on petitions filed by Krishna Kumar Birla, Basant Kumar Birla and Yashovardhan Birla challenging the Calcutta High Court judgment refusing to entertain caveats filed by the three petitioners for hearing them before granting any relief to Lodha in the dispute over Priyamavada Devi Birla's will through which she had bequeathed her Rs. 5000 crores assets to Lodha.

A bench comprising Justices B P Singh and H S Bedi issued notices after hearing counsel for Birlas who contended that the impugned high court order refusing to hear the caveators was illegal and a caveator can not be denied hearing if or she is directly or indirectly affected by the outcome of the proceedings pending in any court.

R S Lodha had filed petition for probate of the will executed by late Priyamvada Devi which was strongly opposed by the members of Birla family on the grounds that the will was a forged one and Lodha was trying to embezzle the huge property owned by the deceased.

The division bench of the High Court vide impugned judgment dated December 21,2006 had dismissed the appeal filed by the petitioners herein against the order of the ld. single judge of the high court dated March 11,2005 discharging their caveats and had directed the hearing of petition for probate of the 'will'of late Madhav Prasad Birla in favour of late Priyamvada and immediately thereafter for hearing of the petition filed by Lodha for probate of the 'will' of late Priyamvada Devi Birla in his favour.

Criminal case is also pending against Lodha in the local court.

UNI