ARUN MISHRA, C.J. - (1.) THE aforesaid application being GA No.531 of 2014, GA No.532 of 2014 and GA 533 of 2014 has been filed by Justice R.V. Raveendran, Former Judge of the Hon'ble Supreme Court of India and the Administrator appointed by the order dated 4th October, 2012 passed by the Division Bench of this Court. Three fold prayer has been made in the application:- a) For a direction that the movables(gold coins, jewellery and ornaments) inventoried by the Special Officers be directed to be handed over to the joint custody of parties (or their counsel), or the other two members of the APL Committee to be held by them in the Bank Vault/locker in escrow; b) for appropriate directions on Issues (i) and (ii) set out above to clarify and delineate the scope of the functions of the APL Committee and its role in regard to the Companies/Trusts/Institutions/Societies in the MP Birla Group, in particular the nature and extent of control of APL Committee in regard to (i) the companies in M. P. Birla Group; and (ii) in regard to the trusts, Societies and other Institutions in M. P. Birla Group; c) for restricting the role of the third member/the applicant of the APL Committee(as submitted in paras 25 to 27 above or alternatively for acceptance of his resignation from his position as member of APL Committee.
(2.) BACK drop facts indicate that Smt. Priyamvada Devi Birla, wife of Late Madhav Prasad Birla, died on 3rd July, 2004. The appellants are the legal heirs of one R.S. Lodha who initiated Testamentary Suit No.6 of 2004 prayed for issue of probate in regard to the registered probate dated 18th April, 1999 executed by Smt. P. D. Birla read with codicil dated 15th April, 2003. Learned Single Judge of this Court vide order dated 27th August, 2010 appointed three members of the Bar, as Administrators pendente lite during the pendency of the probate proceeding.
(3.) THE said order was challenged before the Division Bench by way of filing APOT No.508 of 2010, 550 of 2010 and 551 of 2010 in which interim order dated 22nd December, 2011 was passed by Division Bench of this Court on the basis of agreement of both the side that instead of three independent Advocate, being members of the Committee of Administrators Pendente lite (for short "APL Committee), each party would nominate one member and the Court will appoint former Judge to act as third member. It was also observed that on the point that would remain for decision of the court the issue regarding the powers of the APL Committee vis-a-vis the exercise of nature of rights relating to the shares which formed major part of the estate.;