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Judgment
Sahidullah Munshi, J
The Court: Pursuant to my earlier order dated 8th June 2020, Mr Kapur, learned Senior Advocate appearing for the defendant nos. 1(b) & 1(c), has filed affidavit of service. After being served by Mr. Kapur with notice together with copy of the application, Mr. Bandopadhyay, learned Senior Advocate today appears for Vindhya Telelinks Limited, Mr. Neeraj Kishan Kaul, learned Senior Advocate appearing for Birla Corporation Limited and Mr. Ranjan Bachawat, learned Senior Advocate appearing for Birla Cables Limited, the three appellants who filed appeal before the Hon'ble Division Bench against the interim orders passed on 2nd, 5th and 9th August, 2019, today submit that it should be perceived in view of the Division Bench order that this Court should hear them on the issue of jurisdiction and, they, accordingly, raise a preliminary objection that a probate Court cannot take up those applications filed by Mr. Kapur's client. It is yet to be decided by this Court whether the three appellants are really prejudiced if the application is taken up and any order is passed thereon. It all depends what order the Court proposes to pass on those applications. However, to meet the ends of justice and keeping in mind the time schedule fixed by the Hon'ble Apex Court this Court directs all the parties to file their short notes on the next date of hearing and if they chose they can make their precise oral submission limiting themselves on the short notes. Mr. Kaul, Mr. Bachawat and Mr. Bandopadhyay, the three appellants have also prayed for filing short affidavit to the applications being heard by this Court. Liberty is granted to file such affidavit within three days from date, reply thereto, if any, by two days thereafter.
Let this matter appear on 23rd June, 2020 at 11 a.m.
Mr Joy Saha on two earlier occasions appeared before this Court before lock down started for Covid-19 pandemic situation when the aforesaid two applications were being heard on his prayer, he was allowed to appear without filing even vakalatnama as an officer of the Court meaning thereby to represent the two out of three members of the APL Committee. He too, seeks to file a short note to assist the Court. Such prayer is allowed. Mr. Saha must file such short note on the next date with advance copies to the plaintiffs and the defendants as also the said appellants.
Parties must exchange their copies with their opponents at the earliest.