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Bombay High Court
Hdfc Bank Ltd vs Rajesh Mehta 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
WRIT PETITION (L) NO. 40817 OF 2025
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.
...
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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.
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
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
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
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]
