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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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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).

Maharashtra

Struggle Against Land Mafia in Waqf Properties: New Amended Bill Adds to the Challenges

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New Delhi : In the ongoing battle to protect Waqf properties and ensure their benefits reach the deserving, land mafias, encroachers, and illegal groups were already a major hurdle. Now, the government’s newly amended bill has emerged as another significant challenge. Advocate Dr. Syed Ejaz Abbas Naqvi has strongly criticized this move and demanded immediate reforms. He stated that the primary objective of Waqf was to benefit the needy, but unfortunately, this objective has completely failed. On the other hand, the Shiromani Gurdwara Parbandhak Committee (SGPC), the largest Sikh religious organization, has been actively involved in the welfare of its community for decades. As a result, the Sikh community has nearly eradicated beggars and human rickshaw pullers.

Illegal Encroachments and Misuse of Waqf Lands Exposed :
According to Dr. Naqvi, Waqf properties have suffered the most due to unlawful encroachments by vested interest groups. The most unfortunate fact is that many Waqf lands were originally donated for the shrines (Dargahs) of Syed families, but they have been grossly misused. He revealed that a well-known individual shamelessly sold an acre of prime Waqf land on Mumbai’s Altamount Road for just 1.6 million rupees, a blatant violation of Waqf principles and laws.

Demand for a Stricter Amendment in Section 52 :
Dr. Naqvi has called on the government to take strict action against those who illegally sell Waqf properties. He has urged for an immediate amendment to Section 52 of the Waqf Act to introduce

capital punishment or life imprisonment* for unauthorized Waqf land sellers. This issue is a major setback for those fighting to safeguard Waqf properties, who are already battling corrupt elements and illegal land grabbers. It remains to be seen whether the government takes these concerns seriously and enacts effective legislation to protect Waqf lands.

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Maharashtra

Mumbai Cleanup Marshal and Swachh Mumbai campaign ended, fine collection from citizens also stopped, BMC helpline number released

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Mumbai: Mumbai BMC has abolished the clean-up marshal policy, after which now the clean-up marshal has disappeared from the streets of the city. The Municipal Corporation has completely banned the clean-up marshal and the Swachh Mumbai Mission has been stopped. This means that now no clean-up marshal will be able to force citizens to pay fines or take any other punitive action. After complaints against clean-up marshals, Mumbai BMC has decided to stop and suspend the service of clean-up marshals from today.

The Solid Waste Management Department of Mumbai Municipal Corporation, under the Department of Garbage and Sanitation, oversees public cleanliness in Mumbai and the ‘Swachh Mumbai Mission’ has been closed from April 4, 2025. However, the Municipal Corporation administration has appealed to the citizens that if any fine has been imposed on them despite this, then they can complain about it. Complaints regarding cleanup marshals can be made to the divisional control room of the Mumbai Municipal Corporation at 022-23855128 and 022-23877691 (extension number 549/500).

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Maharashtra

New India Cooperative Bank embezzlement accused’s properties attached

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Mumbai: Mumbai Economic Branch (EOW) has also started property seizure proceedings in the case of embezzlement of crores of rupees from New India Cooperative Bank. EOW said that after identifying the properties obtained from the embezzled amount, it has been attached and seized. 5 accused have been arrested in this case and 21 immovable properties of these accused have been found, which have been allowed to be confiscated.

This is the first action under 107 BNSS in Mumbai city in which the property of the accused has been seized. Mumbai AOW said that the amount recovered from the seized properties will also be estimated. After the bank scam in Mumbai, EOW has taken major action and details of other properties of the accused are also being investigated.

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