Multiple HC benches recuse from hearing plea of HDFC Bank CEO in fraud case

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Several benches of the Bombay High Court have recused from hearing HDFC Bank CEO and MD Sashidhar Jagdishan's plea to quash an FIR of cheating and fraud registered against him on a complaint filed by the Lilavati Kirtilal Mehta Medical Trust.

While some judges cited having worked with either the Trust or the lawyers appearing for it, one judge on Thursday voluntarily disclosed that he held few shares of the HDFC Bank. Senior counsel Amit Desai appearing for Jagdishan said they do not have an objection with the same but counsel Niteen Pradhan appearing for the Trust took an objection. Pursuant to this, the bench of Justices M S Sonak and Jitendra Jain recused and said the matter shall be placed before another bench.  According to the complaint filed by the Trust, which owns and manages the prominent Lilavati Hospital in Mumbai, Jagdishan allegedly accepted a bribe of Rs 2.05 crore in exchange for providing financial advice to help the Chetan Mehta Group retain illegal and undue control over the Trust's governance.

The Trust has accused Jagdishan of misusing his position as the head of a leading private bank to interfere in the internal affairs of a charitable organisation. Jagdishan's plea seeking quashing of the first information report (FIR) was first listed earlier this month before a bench of Justices A S Gadkari and Rajesh Patil.  Justice Patil recused, after which the matter was listed before the bench led by Justice Sarang Kotwal. This bench, too, recused itself. After that, the plea came up for hearing before other division benches of Justices Revati Mohite Dere, G S Kulkarni and Arif Doctor, B P Colabawalla and M M Sathaye. But all the benches recused.  The matter will now have to be placed before another bench. The FIR against Jagdishan was registered at the Bandra police station following an order by a Bandra magistrate court under section 175 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), based on an application moved by the Trust.  He was booked under charges of cheating, criminal breach of trust, and criminal breach of trust by a public servant.

In a public statement issued earlier this month, the Trust alleged that the Rs 2.05 crore payment was as part of a larger conspiracy to "loot" the Trust and manipulate its decision-making processes in favour of the Chetan Mehta Group. The Trust has also filed a petition before the high court seeking a Central Bureau of Investigation (CBI) probe into the matter.