The Birla family lawyers did not produce the original will of late M P Birla and Priyamvada Birla made in 1982 in court on Monday and sought the safe custody of a carbon copy with original signatures.
Lawyers representing the Birlas at the hearing of the petition for submission of photocopy of the "mutual" wills, said that the will produced was all that they had and it was kept with Kashi Nath Tapuriah, an executor in the will of both M P Birla and Priyamvada Birla and brother of Priyamvada Birla.
They said the will was kept in a sealed envelope with Tapuriah and according to the wishes of M P Birla and Priyamvada Birla, the will was to be opened only after both had died. Justice Kalyan Jyoti Sengupta asked whether the will produced was a first copy. The Birla lawyers said this was what they had and the copy had original signatures.
The Birla lawyers argued against producing the original will on the grounds that sections of their defence had been published in newspapers before it could be submitted to the Lodha side. The alleged total outsiders had access to documents filed with the court and said the department was to blame for this.
Justice Kalyan Jyoti Sengupta took strong exception to this and came down heavily on the Birla lawyers. He said the Birla side was making an unjustified and serious allegation against his department.
In response, the Birla lawyers representing agreed to delete the allegation from the petition.
Lodha's counsel opposed the prayer of the Birlas seeking permission to produce a notaraised copy of the will. They quoted exhaustive legal texts to establish that under the law, the original will had to be produced at the time of filing the petition for grant of probate of any will, and this could be waived only in specific cases.
Justice Sengupta said he would pass order on the case on September 1, when the other application filed by R S Lodha seeking discharge of caveats filed by four Birlas would come up for hearing.
B K Birla wants to be party to petition: Meanwhile, B K Birla filed today a petition in high court seeking to be added as a party in the petition filed by G P Birla, K N Tapuria and P K Khaitan for grant of probate of the will of Priyamvada Birla made on July 13, 1982.
In Monday's petition, B K Birla stated on August 24, 2004, he was appointed co-executor of 1982 mutual wills of late Priyamvada Birla and as such he should be added as party to the probate proceedings.