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Harsh Vardhan Lodha Versus Arvind Kumar Newar & Ors.

Fox & Mandal Harsh Vardhan Lodha Versus Arvind Kumar Newar & Ors.

Harsh Vardhan Lodha

Versus

Arvind Kumar Newar & Ors.

APO 92 of 2020
Order/Judgement Pronounced on 14th December 2023

 

Summary of the Case: Testamentary Suit with respect to the estate of Late Priyamvada Devi Birla is pending before the Hon’ble High Court, Calcutta. Committee of APL consisting f three members have been appointed for the purpose of management and  administration of the said estate. Applications were filed by the defendants for implementation of the majority decisions passed by the APL Committee as well as setting aside of such by the plaintiffs to the suit before the Hon’ble Single Bench and being aggrieved by the judgment and order dated 18th September, 2020 passed by the Hon’ble Single Judge, appeal proceedings were filed before the Hon’ble Division Bench. Upon hearing, the Hon’ble Division Bench by its order and judgment dated 14th December, 2023 has been pleased to modify such order clearly expressing the scope and ambit of the powers to be exercised by the APL Committee and the extent of Estate of Late Priyamvada Devi Birla, The Hon’ble Division has inter alia held that the Estate of Late Priyamvada Devi Birla is the assets that she held/owned in her name . The Hon’ble Court has further held that the APL Committee is not an adjudicatory body but a mere representative of the Estate.

Outcome: The judgment and order dated 18th September, 2020 passed by the Hon’ble Single Judge has been modified to the extent as stated in judgment dated 14th December, 2023 passed by the Hon’ble Division Bench thereby nullifying the majority decisions of the two of the Administrators pendente lite.

Mr. Harsh Vardhan Lodha, Mr. Aditya Vikram Lodha and Mrs. Meenakshi Periwal were represented by Fox & Mandal team led by Mr. Debanjan Mandal, Managing Partner, Mr. Sanjiv Kumar Trivedi, Partner, Ms. Iram Hassan, Principal Associate, Mr. Sanket Sarawagi, Senior Associate and Ms. Mahima Cholera, Senior Associate.

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Citation:
APO 92 of 2020
Practice Area:
Dispute Resolution
Name of the court:
Calcutta High Court
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