HARSH VARDHAN LODHA Vs. DEVENDRA KUMAR MANTRI

JUDGEMENT

(1.) THESE are appeals arising out of the common judgment and order delivered on 27th August, 2010 on two applications GA 3714 of 2008 and GA 3718 of 2008 filed in connection with PLA No. 242 of 2004 whereby those were disposed of by putting the estate for the time being in the custody of three independent persons who would act as Joint Administrators pendente lite in and over all the estates left by the deceased. The relevant portion of the said judgment is noted below:-

(2.) IN this context it is appropriate to mention that before the learned Single Judge parties had prayed for appointment of Administrator Pendente Lite ("APL for short") as evident from their respective applications. In application being GA 3731 of 2008, the relevant prayers are as follows:-

(3.) PDB also executed a codicil/document dated 15th April, 2003. After the death of PDB, application for probate was filed by RSL. Caveats were filed. Some of the caveats filed were discharged by the High Court and the judgment was upheld by the Supreme Court in Krishna Kumar Birla vs. Rajendra Singh Lodha: (2008)4 SCC 300. Caveats of GPB and two sisters of MPB were retained. The probate matter was marked as Testamentary Suit No.6 of 2004. After the conclusion of hearing of the application for discharge of caveats and when judgment was awaited, the Birlas and Newar filed before the High Court three separate applications for appointment of APL on the ground that RSL was not managing the estate properly including the companies stated to be part of the M.P Birla group of companies. The said applications for appointment of APL were disposed of by the learned Single Judge by the judgment and order dated 19th May, 2006, the relevant portions of which are extracted hereunder:-