Bombay High Court
Rajesh Mehta vs The Union Of India Through The Secretary ... on 22 May, 2026
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
Panchal (1 & 2)-WPL-40817 & 10818-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
PRAVIN
WRIT PETITION (L) NO. 40817 OF 2025
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2026.05.22
22:41:47
+0530 Rajesh Mehta .. Petitioner
Vs.
The Union of India & Ors. .. Respondents
WITH
WRIT PETITION (L) NO. 10818 OF 2025
WITH
INTERIM APPLICATION (L) NO. 36274 OF 2025
Rajesh Mehta .. Petitioner
Vs.
HDFC Bank Ltd. .. Respondent
WITH
INTERIM APPLICATION NO. 1055 OF 2026
IN
WRIT PETITION (L) NO. 10818 OF 2025
HDFC Bank Ltd. .. Applicant
In the matter between:
Rajesh Mehta .. Petitioner
Vs.
HDFC Bank Ltd. .. Respondent
...
Mr. Devdatt Kamat, Senior Advocate (through VC) a/w Mr. Aditya N.
Raut, Mr. Shyamdhar Upadhyay i/by Desai Desai Carrimjee and
Mulla Phoenix Legal, Advocates for the Petitioners in both Petitions.
Mr. Y. R. Mishra a/w Mr. Sachidanand T. Singh, Advocates for the
Respondent No.1-UoI in WP(L) No.40817 of 2025.
Mr. Kevic Setalvad, Senior Advocate (through VC) a/w Mr. Zoeb
Cutterywala, Mr. Vikram Kamath, Mr. Advait Shukla & Mr. Prabhakar
Dixit i/by Phoenix Legal, Advocates for the Respondent in WP(L)
No.10818 of 2025 and for the Respondent No.3 in WP(L) No.40817 of
2025.
...
1
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Panchal (1 & 2)-WPL-40817 & 10818-25.doc
CORAM : SHREE CHANDRASHEKHAR, CJ &
RAVINDRA V. GHUGE, J.
(Through V. C.) DATE : 22nd MAY 2026.
P.C. :
On 7th May 2026, the following order was passed by this Court :-
"On 5th May, 2022, the following order was passed by this Court :
"These matters have come up on Board by virtue of the administrative direction given by one of us (Chief Justice) when a copy of the order dated 20 th April 2026 passed by the Hon'ble Supreme Court in Petition(s) for Special Leave to Appeal (C) Nos.13787-13788 of 2026 was placed before the Chief Justice. It was pursuant to a direction given by the Chief Justice that the Registry collected necessary information of all pending matters in which one of the parties was related to Lilavati Hospital Trust. The Registry also apprised the Chief Justice that as many as 13 Hon'ble Judges of this High Court have recused themselves and declined to hear one or the other matter. It was in this background that a Special Bench has been constituted for hearing the matters which are listed on Board from S. Nos.901 to 929. We are informed that some of these matters are pending before the Single Bench. A decision regarding posting of such matters may be taken by the Chief Justice on administrative side. We have asked the learned counsels appearing in these matters to provide the details of any other matter which has been left out and does not appear on Board today.
2. However, we are constrained to indicate that these matters may not be heard by this Bench.
3. Place these matters before a Bench of which one of us (Suman Shyam, J.) is not a member.
4. Post these matters tomorrow, that is, 6 th May 2026."
2. As indicated in the order dated 5 th May 2026, these matters were directed to be heard by a Bench specially constituted for hearing these matters. As such a direction was issued on the administrative side by the Chief Justice pursuant to the order dated 20 th April 2026 passed in Special Leave Petition (C) Nos.13787-13788 of 2026.
3. Mr. Devdatt Kamat, the learned senior counsel appearing for the petitioner in Writ Petition (L) No.40817 of 2025 submits that the petitioner was permitted in the past to travel abroad where his family resides.
2 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:31:48 :::Panchal (1 & 2)-WPL-40817 & 10818-25.doc However, Mr. Kevic Setalvad, the learned senior counsel appearing for the HDFC Bank states that there were serious violations of the conditions to travel abroad by the petitioner and, in respect thereof, the Bank has filed contempt petitions.
4. As we can gather, just on a glance at the "Numbering" of the writ petition, this petition is still in defects.
5. The learned senior counsel appearing for the HDFC Bank seeks two weeks' time to file reply-affidavit.
6. Mr. Devdatt Kamat, the learned senior counsel appearing for Rajesh Mehta, on instructions from Mr. Utsav Trivedi, the learned vice counsel seeks permission to withdraw Writ Petition (L) No.10818 of 2025 but this prayer is opposed on behalf of the HDFC Bank which is represented through Mr. Kevic Setalvad, the learned senior counsel.
7. In view thereof, it is indicated that Contempt Petition (L)No.41943 of 2025 in Interim Application No.4454 of 2025 and Contempt Petition No.9 of 2026 in Writ Petition No.1760 of 2024 shall be taken up together for hearing alongwith the afore-mentioned writ petitions.
8. There are as many as four Income Tax Appeals out of which Income Tax Appeal No.1069 of 2020 is said to be lead matter, a decision on which shall have a bearing on Income Tax Appeal No.66 of 2024. Mr. Prakash. C. Chhotaray, the learned counsel appearing for the appellant- Revenue in Income Tax Appeal No.1069 of 2020 states that there were large scale irregularities found in the course of the search and, as a consequence thereof, the registration of the Trust was cancelled.
9. We find that in other matters also, there are serious allegations by the Trustees and former Trustees levelled against each other regarding the large scale misappropriation of funds. There are also criminal proceedings filed against the Trustees and the former Trustees.
10. In view of the fact that the parties are engaged in bitter litigations in at least 31 matters and, as noticed above, there are serious allegations of misappropriation of funds, both before the Division Bench and Single Judge, we have formed an opinion that the functioning of the Trust seems to have been seriously hampered. Therefore, we are proposing to appoint a Committee of the Administrators.
11. Parties to respond within four weeks, that is, after vacation. Liberty to the petitioner represented through Mr.Devdatt Kamat, the learned senior counsel, to mention for any urgent relief before the Vacation Bench.
12. Let the pleadings be completed within four weeks in all matters.
13. Post these matters on 12th June 2026."
2. Presumably, the petitioner filed a praecipe dated 15 th May 2026 for moving the Vacation Bench as indicated in paragraph no.11 of the 3 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:31:48 ::: Panchal (1 & 2)-WPL-40817 & 10818-25.doc order dated 7th May 2026. It is stated that in view of the learned Judges sitting in Division Bench as Vacation Courts the petitioner sought constitution of a Bench for hearing these writ petitions.
3. It is also stated in the praecipe that Hon'ble Justice Gautam A. Ankhad and Hon'ble Justice Shreeram V. Shirsat have recused themselves in the past from hearing the petition filed by this petitioner. A copy of the order dated 29 th January 2026 was also circulated along with the praecipe dated 15th May 2026.
4. Before all this, the writ petition filed by Prashant Kishore Mehta vide Writ Petition (L) No.17224 of 2026 was listed before the Vacation Court on 14th May 2026 and one of the Hon'ble Judges, namely, Justice Sandesh D. Patil recused himself from hearing that writ petition. A copy of the order dated 14 th May 2026 has also been attached with the said praecipe.
5. This is the reason why this Bench has assembled today.
6. We have heard Mr. Devdatt Kamat, the learned senior counsel appearing for the petitioner at length. He has referred to several orders passed by the Debts Recovery Tribunal and this Court, some of which were challenged before the Hon'ble Supreme Court. This is the submission made on behalf of the petitioner that the petitioner was granted permission to travel abroad even during pendency of a criminal case registered by the Central Bureau of Investigation. The learned senior counsel referred to the order of discharge dated 8 th August 2018 at page no.140 of the paper-book and the various orders passed by this Court and submitted that there is no legal embargo against granting permission to the petitioner to travel abroad where his family resides.
7. On the other hand, Mr. Kevic Setalvad, the learned senior counsel appearing for the HDFC Bank has raised serious objection to 4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:31:48 ::: Panchal (1 & 2)-WPL-40817 & 10818-25.doc the manner in which the praecipe has been moved without any intimation to the learned counsel appearing for the Bank. However, Mr. Devdatt Kamat, the learned senior counsel for the petitioner would say that this was not the intention of the petitioner to mislead the other side. Adding to this, Mr. Aditya N. Raut, the learned counsel appearing for the petitioner would submit that as indicated in the praecipe dated 15th May 2026 the learned counsel for the respondent was duly informed once the Bench was constituted by the Chief Justice. The relevant portion of the praecipe dated 15 th May 2026 is extracted hereunder :-
"We undertake to duly intimate the Advocates for the Respondents of the date of hearing upon this Hon'ble Court allotting the matter to any available Hon'ble Division Bench for hearing of this matter."
8. Mr. Vikram Kamath, the learned counsel for the HDFC Bank has also raised objection to moving a praecipe seeking listing of Writ Petition (L) Nos. 40817 of 2025 and 10818 of 2025 and not Contempt Petition (L) No.41943 of 2025 and Contempt Petition No.9 of 2026.
9. We find that in paragraph no.7 of the order dated 7 th May 2026, this Court has indicated that Contempt Petition (L) No.41943 of 2025 and Contempt Petition No.9 of 2026 shall be taken up together along with the writ petitions i.e. Writ Petition (L) Nos. 40817 of 2025 and 10818 of 2025. However, the praecipe moved on behalf of the petitioner seeks listing of only Writ Petition (L) Nos. 40817 of 2025 and 10818 of 2025.
10. Without commenting on the manner in which the praecipe dated 15th May 2026 has been moved and, that too, ignoring the direction of this Court in paragraph no.7 of the order dated 7 th May 2026, we deem it appropriate to adjourn the hearing of these writ petitions for 12th June 2026, on which day, the contempt cases are also posted for hearing. We shall also indicate that Mr. Devdatt Kamat, the learned 5 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:31:48 ::: Panchal (1 & 2)-WPL-40817 & 10818-25.doc senior counsel for the petitioner could not indicate any change in circumstance as existing on 7th May 2026, except stating that the petitioner is anxious to see his grandchild.
11. Post these matters on 12th June 2026 under the heading "Final Disposal".
12. Parties to act on an authenciated copy this order, digitally signed by the Senior Private Secretary.
[RAVINDRA V. GHUGE, J.] [CHIEF JUSTICE] 6 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:31:48 :::