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IN THE HIGH COURT OF CALCUTTA
ANIRUDDHA BOSE, J.
HARSH VARDHAN LODHA
Vs.
NAWAL KISHORE KEJRIWAL
G.A. No. 219 OF 2012 WITH G.A. 1175 OF 2010 G.S. NO. 1241 OF 2010 CSOS NO. 355 OF 1987
Decided on : 13.12.2012
TRUST - INTERVENTION - APPLICANTS PERMITTED TO INTERVENE IN GA NO. 1175 OF 2010 - APPLICANTS HAVE SUFFICIENT INTEREST IN THE SUBJECT MATTER OF THE APPLICATION - APPLICANTS' CASE FOUNDED ON CS NO. 94 OF 2010 - DECREE WHICH IS SOUGHT TO BE ADJUDGED AS NULL AND VOID IN GA NO. 1175 OF 2010 - APPLICANTS HAVE AN INTEREST IN THE DECREE - APPLICANTS PERMITTED TO INTERVENE AND PARTICIPATE IN THE SAID PROCEEDING - SCOPE OF THE PROCEEDING WOULD NOT BE UNNECESSARILY WIDENED - IT WOULD ASSIST THE COURT ON THE OTHER HAND IN MAKING PROPER AND EFFECTIVE ADJUDICATION OF THE SAID PROCEEDING.
Fact of the Case:
Application taken out in connection with the affairs of a Trust, being “Seva Nidhi Trust” and the applicants before the court 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.
Finding of the Court:
The applicants have sufficient interest in the subject matter of the application. The applicants’ contention is merely because Nandini Nopany is contesting the said application ought not to preclude the applicants from defending the decree. The applicants have an interest in the decree which is sought to be adjudged as null and void in G.A. No. 1175 of 2010. Till the suit under section 92 of the Code is pending, the applicants continue to have interest in the subject trust.
Issues: Whether the applicants have sufficient interest in the subject matter of the application to be permitted to intervene in GA No. 1175 of 2010.
Ratio Decidendi: The applicants have demonstrated sufficient interest in the subject controversy. In the event they are permitted to intervene and participate in the said proceeding, the scope of the proceeding would not be unnecessarily widened. It would assist the Court on the other hand in making proper and effective adjudication of the said proceeding.
Final Decision: The applicants are permitted to intervene in G.A. No. 1175 of 2010.
ANIRUDDHA BOSE, J.
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:-
“4. Subsequent to the creation of the said trust new trustees were appointed from time to time and the old trustees also resigned from time to time subject however to the condition that the maximum number of trustees never exceeded 7 and 2 members of the family of Sri Madhav Prasad Birla continued to remain trustees all along. The present trustees of the said that the as under. 1. Sri Nawal Kishore Kejriwal, 2. Sri Madhav Prasad Birla, 3. Smt. Priyamvada Birla, 4. Sri Kashinath Tapuriah, 5. Smt. Nandini Nopany, 6. Smt. Jyotsna Poddar and 7. Smt. Shobhana Bhartia. 5. The family of Sri Madhav Prasad Birla consists of only two persons i.e. himself and his wife Smt. Priyamvada Birla as they have no children. Sri Madhav Prasad Birla is aged about 69 years and his wife is aged about 60 years. Both of them are suffering from various ailments and it can be reasonably presumed that they would not have any children in the future. After the death of either Sri. Madhav Prasad Birla or his wife, Clause 20 of the trust Deed would become unworkable in as much as it stipulated that at least two members of the family of Madhav Prasad Birla should be trustees of the said Trust. Shri L.N. Birla, Shri B. K. Birla and Sri G.P. Birla are the first cousins of Shri Madhav Prasad Birla and are his nearest male relatives. 6. Hence the trustees in a meeting of the trustees held on 22nd January, 1987 have unanimously decided that clause 20 of the said Trust deed should be suitably modified as follows: “The number of trustees shall at no time be less than four and more than seven provided always that so long Sri Madhav Prasad Birla or Smt. Priyamvada Devi Birla, both or either of them are alive, they/he/she shall continue to be the Trustees/Trustee during the tenure of their respective natural lives and in the vacancy of either or both of them the Trustees in the respective placess and the successors of such Trustees shall be appointed by the Trustees for the time being from amongst the male descendants in the male line of Shri L.N. Birla, Shri B.K. Birla or Shri G.P. Birla or the wives of such male descendants having attained the age of 18 years in all cases.”
7. The Trustees have authorized the deponent to apply to this Hon’ble Court for confirmation of the aforesaid change in clause 20 since it is a question affecting the management and/or administration of the said Trust.”
Clause 20 of the Deed of Trust, a copy of which is Annexure “A” to G.A. No. 1175 of 2010 originally stood as:-
“The number of Trustees shall at no time be less than four and more than seven provided always that at least two of the Trustees shall be members of the family of Madhav Pras
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