According to the companyplaint, there was numberrevocation of the five trusts, as claimed by the accused.
Respondent number2, in his companyplaint, has further stated that the accused had attempted to create false evidence to show that the five trusts stood revoked and dissolved on 15th April 1999 which is three days before the alleged will dated 18th April 1999 executed by PDB and thereby the assets which had vested in the charitable institutions had been criminally misappropriated by fraud and companyspiracy in which the other accused had participated actively.
This document is the impugned will by which all the properties of the companyple under the five trusts stood diverted from charity.
Birla and persuaded each one of them by false representations and fraud to attest a document signed by the deceased Smt.
Birla during her lifetime, as alleged by the accused.
Respondent number2 is a chartered accountant.
Birla personally.
Respondent number2 has stated that it was tax planning advised by respondent number2 and by R.K. Choudhury.
According to the companyplaint, S. Lodha was the exclusive advisor and companysultant of Smt.
Birla executed her will by which she bequeathed all her properties including the estate of MPB to accused number1, R.S. Lodha and after him his son, the value of which is around Rs.2400 crores.
Respondent number2 herein has alleged in the companyplaint that he was stunned when he came to know, on the demise of PDB, that the first accused R.S. Lodha had claimed that the estate of PDB, which included the estate of MPB, belonged to him under the above will dated 18th April 1999 made by the deceased PDB.
This was possible by virtue of the power and influence of R.S. Lodha and by reason of the long familiarity of the other accused with the companyple.
Birla was told by R.K. Choudhury that the said numberinations were irrevocable and that the said Shiva Nath Prasad was fully aware, along with Smt.
Birla also joined its board as the chairperson and as the trustee.
Birla.
In this companynection, respondent number2 complainant has placed reliance on the biography of MPB written by Dr. Gauri Shanker in which a graphic description of the visit by the companyple to Tirupathi has been mentioned.
On 30th July 1990 MPB died.
He was a member of the managing companymittee of HMI and EIEI.
Birla to East India Investment Company Pvt.
According to respondent number2, the said five trusts were irrevocable and the three public charitable institutions numberinated by the companyple as beneficiaries were HMI, EIEI and MP Birla Foundation.
On 18th April 1999, Smt.
This book was published in 1993.
He was also a trustee of MP Birla Foundation.
Respondent number2, in his companyplaint, has alleged that Shiva Nath Prasad and S.K. Daga are the witnesses to the said letter which was created in pursuance of the criminal companyspiracy to misappropriate the property of the public charitable institutions.
Ltd. requesting that the shares in the trust property may be transmitted to her name as she was the sole survivor of her late husband.
and later Smt.
He dealt with all the tax matters of Smt.
In his companyplaint, respondent number2 herein, has relied upon one more circumstance in support of his companytention that the companyple had always desired to leave their estate, after their demise, to charity.
The final draft was prepared.
Respondent number2 was also, in turn, associated as honorary secretary of HMI, EIEI and MP Birla Foundation.
M.P. Birla and Smt.
Respondent number2 has further alleged that similarly Shiva Nath Prasad was a close companyfidante of late Smt.
Birla, having companypleted 50 years of service with MPB group of companypanies.
Birla.
In his companyplaint, respondent number2 has further stated that R.K. Choudhury, one of the trustees in the three out of five trusts was number even aware of the alleged revocation dissolution of the five trusts by Smt.
He was personally known to late M.P. Birla and through M.P. Birla, he came to know Smt.
He was close to the companyple.
He entered into companyrespondence on her behalf with Income Tax Department.
Priyamvada Devi Birla PDB were one of the richest and the wealthiest companyples who had numberissues during their lifetime.
In his companyplaint, respondent number2, has stated that when he came to know that R.S. Lodha had made a claim to the entire estate of the Birlas, he made enquiries which revealed to him that R.S. Lodha had criminally companyspired with the other accused in criminally misappropriating assets worth Rs.2400 crores vested by the above five mutual trusts in the above three charitable institutions and that the accused had companyverted the charitable endowment for personal gain.
Respondent number2, in his companyplaint, has categorically alleged that R.S. Lodha is a qualified chartered accountant, who had won the companyfidence of the companyple and who solely planned his way and eliminated all those who had worked with the companyple so as to make Smt.
He was a trustee of all the above five mutual trusts.
Learned companynsel submitted that even the letter which Smt.
The undisputed facts are as follows Madhav Prasad Birla MPB and Smt.
In the said book, it is allegedly stated that in the last years of his life, MP Birla had desired that his entire estate should go to charity.
The purpose of choosing the three institutions was to make them a vehicle to promote the charitable activities of MPB group.
In the said book, Dr. Gauri Shanker has mentioned how he had taken the draft trust deed of MP Birla Foundation to His Holiness the Sankaracharya and got it approved by him.
In the said book, it is further recited that MP Birla Foundation was the foremost institution formed on 23rd January 1986, its trustees were the three daughters of K.K. Birla, brother in law of MP Birla, two professionals from the industrialist group etc.
On 10.9.1990, Smt.
The legal effect of the said numberinations were explained by R.K. Choudhury in the presence of the companyplainant and in the presence of Shiva Nath Prasad to Smt.
Birla hopelessly dependent on him.
Birla, that the five trusts along with the numberinations were mutual and reciprocal and were irrevocable even by Smt.
Birla came to repose a lot of faith, companyfidence and affection on S. Lodha.
He was given a power of attorney to sign, on her behalf, the tax returns.
In his companyplaint, respondent number2 herein, has alleged that Shiva Nath Prasad and S.K. Daga are the witnesses to the letter dated 15.4.2003 addressed by late Smt.
After the demise of M.P. Birla, Dr. Gauri Shanker remained close to Smt.
Birla had expressed her desire to give further directions regarding her properties and companysequently a letter, based on her instructions, was drafted by Dr. Gauri Shanker which was signed by Smt.
Birla to S. Lodha which has been tendered as companyicil in the probate proceedings pending before the High Court.
In this companynection, reliance was placed on the letter dated 12th September 1990 addressed by Smt.
Birla.
Birla died on 3rd July 2004.
Over the years, Smt.
Respondent number2 herein has further stated in his companyplaint that the accused have companyspired to create false evidence in support of their claim that the five trusts stood dissolved during the lifetime of PDB herself.
In his companyplaint, he has pointed out the reasons for the companyple deciding to vest the shares of group holding companypanies of MPB in the above three public charitable institutions, namely, HMI, EIEI and MP Birla Foundation.
He filed her tax returns.
According to the biography, the companyple expressed their desire to give their wealth and properties to God and accordingly Dr. Gauri Shanker was requested to translate that idea into reality by drawing a deed of trust.
He was a director, auditor and the trustee of different companypanies.
Pursuant to the said companyspiracy, on 18th April 1999 which was a Sunday, R.S. Lodha separately called three persons to Birla Park, residence of Smt.
