SC declines to entertain SLP against Harsh Lodha at ‘present stage’
The Supreme Court in an order on Friday did not entertain special leave petitions (SLPs) filed by APL Committee members against a high court order that dismissed contempt applications against Harsh Vardhan Lodha for continuing as chairman of M P Birla group companies.
The petitions were filed by two members of the APL Committee – a court-appointed committee to administer the estate of Priyamvada Birla.
The order uploaded on Saturday said since directions have been issued by this court in the order dated July 12, 2021 for expeditious disposal of the appeals before the high court, it is not appropriate for the court to entertain the special leave petitions at the present stage.
On July 12, it may be mentioned, the apex court had declined to entertain an SLP filed by the Birlas against the Calcutta High Court Division Bench order and directed the high court to dispose of all outstanding appeals and cross-appeals over Lodha holding office as a director in M P Birla group companies by March 31, 2022.
Commenting on the SC order, Lodha’s lawyer, Debanjan Mandal, partner, Fox & Mandal, said, “The dismissal of the second special leave petition filed with the same allegations as the previous one clearly reveals the hollowness of the claims made in these petitions.”
The SC order on Friday while declining to entertain the SLP, clarified that the APL Committee would be at liberty to seek such substantive reliefs as may be necessitated to ensure its effective functioning.
Rohini Musa, advocate-on-record for the APL Committee members, however, said, the SC order is a victory for the APL Committee because in its role as the trustee of the late Priyamvada Birla’s shares and assets, it is now in a stronger position to maintain the assets till the testamentary suit is decided.
“The Judge has given us liberty to go before the high court where the appeal is pending and to seek substantial relief there. So whatever we had asked before the SC, we can now maintain before the high court itself,” she said.
Mandal, however, said, “After this second verdict in less than seven months, we are confident that attempts to remove our client from various entities of the MP Birla Group will not succeed.”
The issue of contempt arose from a Calcutta High Court order of September 18, 2020 when a single-bench ordered that Lodha be restrained from holding office in any of the MP Birla group entities during the pendency of the suit involving the contested will of late Priyamvada Birla.
Later a Division Bench clarified on the order and Lodha continued on its strength. It led to contempt applications being filed by the Birlas which were dismissed by the Division Bench of the Calcutta High Court.
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