JUDGMENT :

In Re: GA/1/2021 and GA/5/2022

1. The parent probate proceeding bearing PLA No.327 of 2021 is for grant of probate of the alleged last Will and testament of Late Om Prakash Maniyar dated August 3, 2020. In the said Will, his wife Smt. Chandni Maniyar was made the sole Executrix. In the event of demise of the executrix prior to obtaining probate, the Testator’s elder son Subhash Maniyar was named as the Executrix.

2. Another previous Will of the same Testator has come into the fray. Such Will is dated January 30, 2018, wherein Subhash Maniyar is the Executrix. However, the present probate proceeding has been instituted by Chandni for probate of the latter Will.

3. The Dramatis Personae of the present narrative are as follows :

4. Five applications were taken up for hearing together, all arising out the same probate proceeding, that is, PLA No.327 of 2021.

5. GA No. 1 of 2021 is primarily for appointment of Administrator Pendente Lite (APL), inter alia, also praying for injunction in respect of thirteen companies allegedly owned and controlled by the deceased Testator and included in the affidavit of assets and maintenance of Rs.10 lakh to the petitioner Chandni. Chandni is the petitioner in GA No.1 of 2021.

6. GA No. 2 of 2021 has been filed by Narbada Devi for intervention/addition as a party to the probate proceeding.

7. GA No. 3 of 2022, filed by Chandni, the propounder of the 2020 Will, is for citation to the heirs of the deceased Testator, namely Chandni, Dheeraj and Subhash.

8. Chandni has also filed GA No.4 of 2022 for permitting the testimony of one Shri Suraj Toshniwal, one of the attesting witnesses to the 2020 Will, to be recorded De Bene Esse.

9. Chandni has filed GA No.5 of 2022 seeking injunction restraining Subhash from withdrawing commissions of Rs.3 crore, Rs.7 crore and Rs.2 crore from three out of the total companies, shares of which are part of the affidavit of assets, namely Guwahati Carbon Limited, Neo Carbon Private Limited and Paradip Calciner Limited respectively.

10. GA No.1 of 2021 and GA No.5 of 2022, having several identical issues, are being taken up together first for adjudication.

11. The petitioner Chandni argues that the proposed Extraordinary General Meeting (EGM) contravenes an interim order passed by an appellate court dated February 14, 2022, confirmed on April 26, 2022, whereby injunction was granted to the effect that the expenses incurred by the companies-in-question are not to exceed the approximate average of loans and advances over the last five years.

12. The appeal was filed in connection with an ad interim order passed in connection with GA No.1 of 2021.

13. It is submitted by learned counsel for the petitioner that over the last five years, the total commission paid to Subhash by the companies was Rs.10 crore. However, after the demise of the Testator, Subhash has already been paid for the financial year 2021-22 Rs.6 crore each in Guwahati Carbon Limited and Neo Carbon Private Limited.

14. In support of GA No.1 of 2021, which is the application for appointment of APL and for injunction, learned counsel further submits that Subhash was the Executrix of the 2018 Will sought to be propounded by Subhash. That apart, he is a beneficiary in both the Wills of 2018 and 2020. Even in the 2020 Will, in the event of prior demise of Chandni, Subhash is designated as the sole Executor. Therefore, Subhash is liable to protect the estate.

15. However, it is contended that Subhash is acting in several capacities, also being the Director of the companies-in-question, and is siphoning off funds, thereby becoming liable for devastation of the estate. Placing reliance on Sections 368 and 369 as well as Section 303 of the Indian Succession Act, 1925 (for short, “