HARSH VARDHAN LODHA Vs. AJAY KUMAR NEWAR

JUDGEMENT

(1.) The Court: - On the last occasion it was observed that none of the appellants were present although they preferred the appeal and got the orders passed in the application filed by the defendants set aside. Today also none of the appellants are present before this Court. The matter was adjourned on the last occasion on the prayer of Mr. Mitra, Learned Senior Advocate, to submit whether this Court being a Probate Court can at all direct for issuing notice upon the three appellants before the Division Bench, on whose prayer my earlier orders dated 2nd August, 2019, 5th August, 2019 and 9th August, 2019 were set aside on different scores including the question of passing interim order in absence of the said three appellants. The Division Bench while setting aside the earlier interim orders passed by this Probate Court recorded the submission of the appellants, which they made before the Appellate Court, that the Court is bound to give reasons when it grants an ad interim order particularly when the same is an ex parte order (emphasis supplied). They further submitted that Birla Corporation, the appellant was not a party to the Testamentary Suit. The name of Birla Corporation also did not figure in the Masters' Summons being the application and the affidavit in support thereof affirmed on 31st July, 2019, as also in the supplementary affidavit filed in the said application. It was their contention that Birla Corporation was not before the Court or heard while passing the order dated 2nd August, 2019.

(2.) The Division Bench also concluded "So far the other issues are concerned, we are reminded of our jurisdiction while hearing an appeal arising out of an ex parte interim order or an ad interim order. We do not want to go into the other issues argued as that would amount to usurping the jurisdiction of the learned Single Judge. Moreover, when the affidavits have been concluded and the matter had been heard by the learned Single Judge to a great extent by the time the appeal had been preferred, we do not want to decide anything apart from the issue discussed as aforesaid. We make it clear that the learned Single Judge should hear the matter on all issues and that may be raised by giving opportunity to the appellants to place their respective cases as any order that may be passed will bind them. The learned Single Judge shall also be not influenced by any finding made hereinabove as the same is only for the purpose of deciding the appeals".

(3.) In the context of the aforesaid order passed by the Hon'ble Division Bench as also the order passed by the Hon'ble Apex Court on 11th May, 2020 to the extent, "since the learned Single Judge is seized of the applications for interim relief, we only clarify that the resolutions which have been passed by the respective companies shall abide by such final orders as may be passed by the learned Single Judge. The learned Single Judge shall decide upon the issue of jurisdiction, together with the applications for interim relief and rendering final determination thereof. The learned Single Judge shall endeavour to do so preferably within a period of one month of the receipt of the copy of this order".