ARINDAM MUKHERJEE,J. - (1.) In a Testamentary Suit, [TS No.6 of 2004 [Harsh Vardhan Lodha & Ors. vs. Arvind Kumar Newar & Ors .] fiercely contested for over one and a half decade which was initially for grant of probate (with the Will annexed. and now for grant of Letters of Administration(with the will annexed. due to the death of the named executor in between, the defendant nos.1[b] and 1[c] have filed an application being GA No.1735 of 2019, inter alia, for directing the plaintiffs to implement the decision of the APL Committee(Administrator pendente ?lite. dated 19th July, 2019 and if necessary to adjourn the Annual General Meeting of Vindhya Telelinks Ltd. [in short, VTL], Universal Cables Ltd. [in short, UCL], Birla Cable Ltd. [in short, BCL] and Birla Corporation Ltd. [in short, Birla Corp.] and issuance of notice, if necessary to the said Companies, Trust and Societies of MP Birla Group as indicated in the schedule to the said application.
(2.) The said application on being moved an ad ?interim order was passed on 2nd August, 2008 wherein the learned Single Judge directed that the APL Committee shall, on urgent basis, take a decision as to who amongst them shall exercise the voting right on behalf of the said Committee with regard to the shares belonging to the estate an held in the Companies of which the Annual General Meeting [in short, AGM] were scheduled to be held pursuant to the notices issued as aforesaid. The learned Single Judge also directed that the election process in such companies shall continue and shall be completed within the time schedule but the result of the election shall not be made publish until expiry of six weeks from the date or without the leave of the Court, whichever happens earlier. Directions for filing of affidavits were also given.
(3.) The matter upon being mentioned by defendant nos. 1[d] and 1[(c], on 5th August, 2019 it was clarified that the word "election" mentioned in the order dated 2nd August, 2019 shall mean the election in terms of two notices dated 16th May, 2019 another dated 17th May, 2019 and one other notice dated 1st July, 2019 all being part of annexure ?F of the said application being G.A. No. 1735 of 2019.;