HARSH VARDHAN LODHA Vs. NAWAL KISHORE KEJRIWAL

JUDGEMENT

(1.) This application has been taken out in connection with the affairs of a Trust, being "Seva Nidhi Trust" and the applicants before me are Kumar Mangalam Birla and his wife, Neerja Birla. Their prayer is for permitting them to intervene or get impleaded in the main Application, being G. A. No. 1175 of 2010. In that Application, i. e. G. A. 1175 OF 2010, the main prayer is for adjudging a decree passed in an Originating Summons, registered as Suit No. 355 of 1987 as null and void and of no effect. The Applicant in G. A. No. 1175 of 2010 is Harsh Vardhan Lodha (HVL). This decree was passed on 8 April 1988. All these proceedings, including Suit No. 355 of 1987 deal with the management and administration of the said trust, which has under its administration and control, inter alia, a medical institution in the city of Kolkata, known as Belle Vue Clinic.

(2.) Seva Nidhi Trust (the Trust) was created for undertaking diverse philanthropic works in the year 1950 by Madhav Prasad Birla (since deceased) and Priyambada Devi Birla (since deceased). The reason for taking out the said Originating Summons, would appear from paragraphs 4, 5, 6 and 7 of the affidavit filed in support of the Originating Summons, a copy of which has been made annexure "D" to G. A. No. 1175 of 2010. It is stated therein:-

(3.) It is submitted on behalf of the applicants that the Originating Summons was taken out by one of the trustees, primarily for ensuring that the line of succession of the trustees of the said trust had among them members of the family of Birlas, who are a leading industrial family of this country. Both Madhav Prasad Birla and Priyamvada Devi Birla, whom I shall refer to in the later part of this judgment as MPB and PDB were defendants in the O. S. Suit No. 355 of 1987, along with the other trustees of the same trust. O. S. Suit No. 355 of 1987 was decreed on 8 April 1988 in the following terms:-