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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

Rakhi Sawant Social Media Post Triggers Public Debate

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Mumbai: Actress and television personality Rakhi Sawant has sparked widespread discussion after sharing a social media post related to the ongoing student protests in the country.

The post featured a symbolic red sanitary pad, which many users interpreted as a gesture of support for the protesting students. The image quickly went viral, drawing mixed reactions across social media platforms.

While several users appreciated the symbolic message and described it as an expression of solidarity, others criticised the post, calling the imagery controversial and inappropriate. The incident has reignited debate over the role of celebrities in expressing views on social and political issues.

The controversy has generated significant public attention, with supporters defending freedom of expression and critics questioning the use of symbolic imagery in sensitive matters.

As of now, Rakhi Sawant has not issued an official statement responding to the controversy surrounding her post. There has also been no official confirmation of any legal action specifically related to her social media activity.

The issue continues to attract attention online, with discussions focusing on freedom of expression, public responsibility, and the influence of celebrities on national conversations.

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Maharashtra

Peaceful tricolor rally from Amjadiya Road to Shanti Nagar led by Bhiwandi Samajwadi Party MLA Raees Sheikh concludes

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Mumbai: Citizens of Bhiwandi on Friday spontaneously organised a ‘Tiranga Pail Yatra’ (Tricolor March) to demand the resignation of Union Education Minister Dharmendra Pradhan over the ‘NEET’ paper leak scandal and to express solidarity with the nationwide student protests. Led by Samajwadi Party MLA (Bhiwandi East) Rais Sheikh, the foot march was attended by a large number of local citizens as well as opposition party workers and leaders. The march covered the route from Amjadiya Road in Bhiwandi to Shanti Nagar and was concluded in the evening. No flags of any political party were hoisted during the rally, but citizens held the tricolor in their hands and expressed the spirit of unity. The peaceful procession demonstrated the spirit of unity ‘One Nation, One Passion’. Many participants raised slogans demanding Dharmendra Pradhan’s resignation, including “Inqilab Zindabad” (Long Live the Revolution) while others held placards protesting against the Modi government. The march ended with the presentation of a memorandum to the Bhiwandi Sub-Divisional Officer.

Speaking to the media during the event, MLA Raees Sheikh said that the ‘Tiranga March’ was not affiliated with any specific political party but was a spontaneous initiative by the citizens of Bhiwandi. He noted the growing nationwide anger against the central government over the ‘NEET’ paper leak and the brutal lathicharge on protesting students. The aim of the march was to support the student movement and demand an end to corruption in the examination system. The participants demanded that Union Education Minister Dharmendra Pradhan resign, holding him responsible for the ‘NEET’ paper leak incident. The memorandum issued by the ‘Tiranga Rally’ has put forward four demands: a judicial inquiry into the brutal lathicharge on student protesters at Delhi’s ‘Jantar Mantar’; a financial assistance of Rs 1 crore to the families of students who committed suicide following the NEET paper leak; and withdrawal of police cases registered against student protesters in Delhi as well as all states and union territories.

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Maharashtra

Mumbai Shivaji Park student protest: Public anger after video of misbehaving with woman goes viral on social media, demands for four-pronged action

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Mumbai: After the shameful act of a police officer during a protest in Shivaji Park Dadar in Mumbai came to light, the Mumbai Police has defended the constable Deepak and said that the video that has gone viral on social media is irresponsible. The officer did not intend to misbehave or flirt with the woman. When the officer went to arrest a man during the protest, the woman protester came in the middle and this is the video. After the investigation in this case, the senior officers of the police department have given a clean chit to the above-mentioned police officer after carefully examining the video footage. This is causing resentment among the citizens. The police have said in their denial statement that there is no mistake on the part of the constable who controlled the protesters. He did not touch the woman intentionally. It is certain that he was controlling the protesters.

In this case, advocate Nitin Satpute has expressed surprise at the clean chit given to the police constable and has appealed to the victim to register a case against the official himself. If a case is not registered in this case, he will approach the court to register a case. He said that the videos of violence against students in Mumbai and other places that are going viral are worrying. In this, many videos have also come to light that are based on extreme brutality. In one video, a constable is threatening to implicate two students in a false drug case, while in the other video, this shameful act of a police constable has come to light. After this video, many political leaders have also tweeted it and demanded action. While the police have given a clean chit to the constable in this case, this has also affected the image of the police department. This video has tarnished the Mumbai Police. The public is angry with the police’s behavior and is also surprised by the police’s latest stance that the constable is innocent and has done nothing wrong.

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