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Mumbai: Lilavati Hospital Plaint Alleging Harassment By HDFC Bank Is Bid To Avoid Paying Dues, Says Bombay HC

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2 months ago

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Mumbai: Lilavati Hospital Plaint Alleging Harassment By HDFC Bank Is Bid To Avoid Paying Dues, Says Bombay HC

Mumbai, Sep 24: The Bombay High Court has held that a complaint by the Lilavati Hospital’s trustee alleging that harassment by HDFC Bank led to the death of his father and the hospital’s founder was an attempt to avoid payment of dues.

A division bench of Justices Bharati Dangre and Manjusha Deshpande said filing the complaint before the state minorities commission was “nothing but an attempt to wriggle out of responsibilities”.

The judgement was passed on September 18.

The court quashed the Commission’s show cause notice to the HDFC Bank and its managing director and chief executive officer (CEO) in July this year, directing them to appear before it on August 1.

The Commission was hearing a complaint filed by Rajesh Mehta, permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, which runs the Lilavati Hospital here, alleging severe harassment and mental torture by the senior management and recovery department of the bank to him and his father, Kishor Mehta.

The complainant claimed the bank was in collusion with certain erstwhile trustees of the hospital trust, and this harassment caused the death of Kishor Mehta on May 20, 2024.

He alleged that the senior management had kept the sword of arrest hanging over Kishor Mehta, which resulted in his untimely death.

The Mehtas belong to the minority Jain community.

The bank, in its plea in the high court, challenged the notice and refuted the allegations, saying the complaint before the Commission was filed only to circumvent the recovery proceedings it had initiated.

The court conceded and said the complaint filed by Rajesh Mehta was “nothing but an attempt to short-circuit the procedure adopted by the HDFC Bank against its borrowers and to face an action as a debtor, who was jointly and severally liable to pay an amount of Rs 14 crore”.

“On the pretext that since he (Rajesh Mehta) is a member of the Jain community, he cannot knock on the doors of the Commission and get orders passed,” the bench said.

The bench noted that if a liability of recovery of dues is fastened upon the complainant, he cannot take benefit of being a member of a minority community to wriggle out of the same.

It also said the Commission had acted beyond its jurisdiction by issuing notice to the bank.

The court, while quashing the show cause notice issued to the HDFC bank’s managing director and CEO, said it was done so “without jurisdiction and was in violation of the principles of natural justice”.

The court noted that the Commission is empowered to make recommendations to ensure effective implementation and enforcement of all safeguards provided in the Constitution, laws enacted by the Parliament and the state legislature and those contained in the policies and schemes for minorities.

The bench said it was “really doubtful” whether the provisions of the Maharashtra State Minorities Commission Act intended to cover an individual complaint like the present one.

In 2020, the recovery officer passed an order directing the civil imprisonment of Rajesh Mehta and Kishor Mehta, which the courts confirmed, and an arrest warrant was also issued in 2023 against Rajesh Mehta, it said.

It further noted that the Mehta family had filed 15 proceedings on the issue before a civil court, the high court and the Supreme Court.

“When Mr Mehta (Rajesh Mehta) was unable to taste success in either of the proceedings, to short circuit the payment of the amount due under the recovery certificate and to avoid arrest, the present complaint was filed before the Minorities Commission,” the high court said.

The court also restrained the Commission from proceeding with the complaint by summoning the petitioners (bank).

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Maharashtra

Maharashtra Election Results 2024: UBT’s Sanjay Raut Cries Conspiracy, Says ‘This Can’t Be Decision Of People Of State’

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15 mins ago

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November 23, 2024

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Maharashtra Election Results 2024: UBT's Sanjay Raut Cries Conspiracy, Says 'This Can't Be Decision Of People Of State'

The early trends as of 10:30 AM indicate a landslide victory for the BJP-led Mahayuti government in the Maharashtra Assembly elections. Shiv Sena (UBT) leader and Rajya Sabha MP Sanjay Raut has responded to the early trends showing Maha Vikas Aghadi’s (MVA) massive defeat in Maharashtra.

Speaking to the media amid ongoing counting, Raut said, ‘This cannot be the decision of the people of Maharashtra. We know what the people of Maharashtra want.’

‘From what we are seeing, it seems that something is wrong. This was not the decision of the public. Everyone will understand what is wrong here. What did they (Mahayuti) do that they are getting more than 120 seats? How is it that MVA is not even getting 75 seats in Maharashtra?’ Raut said.

Rejecting the trends, Raut said that his party has faith in the people of Maharashtra. “They have done some ‘gadbad,’ they have stolen some of our seats…This cannot be the public’s decision. Even the public does not agree with these results. Once the results are out, we will talk more. In every election seat, money-counting machines were installed. Is it possible that Shinde gets 60 seats, Ajit Pawar gets 40 seats, and BJP gets 125 seats? The people of this state are not dishonest. We have faith in the people of Maharashtra,” he said.

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Maharashtra

Byculla, Maharashtra Assembly Elections Results 2024: Can Yamini Jadhav Defend Her Turf In Sena vs Sena Battle Against Manoj Jamsutkar?

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21 mins ago

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November 23, 2024

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Mumbai: As the Maharashtra Legislative Assembly Elections Results 2024 are set to be revealed on Saturday, November 23, all eyes are on key constituencies like Byculla, a key seat in Mumbai. The constituency is part of the Mumbai South Lok Sabha constituency and has been a focal point of intense political competition.

Byculla is one of the 288 seats in the Maharashtra Legislative Assembly and is designated as constituency number 184. The seat falls under the general category and is located in Mumbai City District. Currently, Byculla is represented by Yamini Jadhav of Shiv Sena (Shinde faction).

In the 2024 elections, Yamini Jadhav will face a tough fight from the Shiv Sena UBT candidate Manoj Jamsutkar, making it a key battle to watch. Jadhav secured her victory in 2019 by defeating AIMIM’s Waris Pathan with a sizeable margin of over 20,023 votes, but this time, the political dynamics have shifted.

Byculla has a total of 2,58,856 registered voters, as per the Election Commission’s latest figures. With a diverse demographic composition, the seat often witnesses polarized voting patterns.

Current Political Scenario in Maharashtra

The ruling coalition, Mahayuti, led by Eknath Shinde (Shiv Sena-Shinde), Devendra Fadnavis (BJP), and Ajit Pawar (NCP-Ajit Pawar), currently holds 202 seats in the assembly. Of these, BJP accounts for 102 seats, NCP (Ajit) has 40, Shiv Sena (Shinde) has 38, and smaller parties hold the remaining 22 seats.

On the other hand, the opposition alliance, Maha Vikas Aghadi (MVA), led by Sharad Pawar (NCP-Sharad Pawar), Uddhav Thackeray (Shiv Sena-UBT) and Nana Patole (Congress) holds 69 seats. Congress leads the MVA with 37 seats, followed by Shiv Sena (UBT) with 16 and NCP (Sharad Pawar) with 12.

Byculla is considered crucial for both alliances. For the ruling Mahayuti, retaining the seat will showcase its strength in Mumbai, while a win for MVA could indicate a shift in urban voting preferences.

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Maharashtra

Worli, Maharashtra Assembly Election Results 2024: Aaditya Thackeray Looks To Defend Turf Against Milind Deora

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30 mins ago

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November 23, 2024

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Maharashtra Legislative Assembly Election Results 2024 are set to be declared on Saturday, November 23. All eyes are on the big fight between the ruling Mahayuti, led by Chief Minister Eknath Shinde (Shiv Sena – Shinde) alongwith Deputy Chief Ministers Devendra Fadnavis (BJP), Ajit Pawar (NCP), and the Maha Vikas Aghadi (MVA) led by Sharad Pawar (NCP-Sharad Pawar) and Uddhav Thackeray (Shiv Sena-UBT). Worli Assembly constituency is one of the key constituencies everyone has their eyes on. Worli assembly constituency falls in Mumbai South Lok Sabha constituency.

Worli constituency is one of the 288 seats from the Maharashtra Legislative Assembly up for grabs. The constituency, designated by number 182, falls in Mumbai City District. Worli, the general category constituency, is currently represented in Maharashtra Legislative Assembly by Aaditya Thackeray from Shiv Sena (UBT).

Past polls

In Maharashtra Legislative Assembly 2019 elections, Aaditya Thackeray defeated Nationalist Congress Party’s Suresh Mane by 67427 votes. Thackeray got 89248 votes while Mane got 21821 votes.

Before Aaditya Thackeray, the constituency was represented in Maharashtra assembly by Sunil Shinde (Shiv Sena).

Worli Legislative Assembly Constituency:

As per 2011 census, there are 271,277 voters in Worli constituency.

Worli is broadly considered to be a bastion of Shiv Sena with a large Maharashtrian population but in past, other parties like the NCP have been able to snatch the seat.

The constituency is in focus this time due to clash between various factions of Shiv Sena and NCP. It is likely that fight for Worli would become a prestige issue for both, Shiv Sena (UBT) and Shiv Sena (Shinde) factions.

Issues In Worli Assembly Constituency:

Two of the prominent issues in Worli are demands of the fisherfolk with respect to the coastal road and redevelopment of the BDD chawls.

Current situation In Maharashtra Assembly:

Currently, that is in the run up to assembly elections 2024, the ruling disposition in Maharashtra has 202 MLAs with it. Out of these, BJP has 102 seats, NCP (Ajit Pawar) has 40, Shiv Sena (Shinde) has 38 and other parties have 24.

The Maha Vikas Aghadi (MVA) has 69 seats in its kitty. Out of these, Congress has 37, Shiv Sena (UBT) has 16, NCP (Sharad Pawar) has 12 while other parties have six seats. Fifteen seats are vacant.

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