Lilavati Hospital trustee’s plaint alleging harassment by HDFC bank is bid to avoid paying dues: HC

The tribunal quashed the Commission’s amusement origin announcement to the HDFC Bank and its managing manager and main enforcement serviceman (CEO) successful July this year, directing them to look earlier it connected August 1.

The Commission was proceeding a ailment filed by Rajesh Mehta, imperishable trustee of the Lilavati Kirtilal Mehta Medical Trust, which runs the Lilavati Hospital here, alleging terrible harassment and intelligence torture by the elder absorption and betterment section of the slope to him and his father, Kishor Mehta.

The complainant claimed the slope was successful collusion with definite erstwhile trustees of the infirmary trust, and this harassment caused the decease of Kishor Mehta connected May 20, 2024.

He alleged that the elder absorption had kept the sword of apprehension hanging implicit Kishor Mehta, which resulted successful his untimely death. The Mehtas beryllium to the number Jain community.

The bank, successful its plea successful the precocious court, challenged the announcement and refuted the allegations, saying the ailment earlier the Commission was filed lone to circumvent the betterment proceedings it had initiated.

The tribunal conceded and said the ailment filed by Rajesh Mehta was “nothing but an effort to short-circuit the process adopted by the HDFC Bank against its borrowers and to look an enactment arsenic a debtor, who was jointly and severally liable to wage an magnitude of Rs 14 crore”.

“On the pretext that since helium (Rajesh Mehta) is simply a subordinate of the Jain community, helium cannot sound connected the doors of the Commission and get orders passed,” the seat said.

The seat noted that if a liability of betterment of dues is fastened upon the complainant, helium cannot instrumentality payment of being a subordinate of a number assemblage to wriggle retired of the same. It besides said the Commission had acted beyond its jurisdiction by issuing announcement to the bank.

The court, portion quashing the amusement origin announcement issued to the HDFC bank’s managing manager and CEO, said it was done truthful “without jurisdiction and was successful usurpation of the principles of earthy justice”.

The tribunal noted that the Commission is empowered to marque recommendations to guarantee effectual implementation and enforcement of each safeguards provided successful the Constitution, laws enacted by the Parliament and the authorities legislature and those contained successful the policies and schemes for minorities.

The seat said it was “really doubtful” whether the provisions of the Maharashtra State Minorities Commission Act intended to screen an idiosyncratic ailment similar the contiguous one.

In 2020, the betterment serviceman passed an bid directing the civilian imprisonment of Rajesh Mehta and Kishor Mehta, which the courts confirmed, and an apprehension warrant was besides issued successful 2023 against Rajesh Mehta, it said.

It further noted that the Mehta household had filed 15 proceedings connected the contented earlier a civilian court, the precocious tribunal and the Supreme Court.

“When Mr Mehta (Rajesh Mehta) was incapable to sensation occurrence successful either of the proceedings, to abbreviated circuit the outgo of the magnitude owed nether the betterment certificate and to debar arrest, the contiguous ailment was filed earlier the Minorities Commission,” the precocious tribunal said.

The tribunal besides restrained the Commission from proceeding with the ailment by summoning the petitioners (bank).