Supreme Court Declines To Hear HDFC Bank CEO's Plea Against Lilavati Trust FIR, Notes Matter Pending Before Bombay High Court

The Supreme Court on Friday (July 4) refused to entertain the petition filed by Sashidhar Jagdishan, CEO of HDFC Bank, for quashing of the FIR registered against him at the behest of Lilavati Kirtilal Mehta Medical Trust.A bench of Justices PS Narasimha and R Mahadevan observed that it would be improper on the part of the Supreme Court to intervene when Jagdishan's petition is listed before the Bombay High Court on July 14.The HDFC CEO approached the Supreme Court, claiming that three Bombay High Court judges recused from hearing the matter, causing a delay in the hearing.Senior Advocate Dr Abhishek Manu Singhvi appeared for the Lilavati Trust and objected to the petitioner approaching the Supreme Court, saying that the matter is listed before the High Court on July 14 with the consent of the petitioner himself.On the other hand, Senior Advocate Mukul Rohatgi, for the petitioner, pressed for interim protection at least till July 14. He argued that the FIR was frivolous and that the Bank has been roped into a private dispute between the trustees. "Their only intention is to get the MD summoned to the police station and create havoc for the bank. For the three weeks, I haven't got a hearing in the High Court. The bank's reputation is suffering every day. I have nothing to do with the inter-se dispute between the Lilavati trustees. I want interim protection till July 14. I don't know if it will be heard on 14th too," Rohatgi argued.The bench however expressed disinclination, asking how the Supreme Court can interfere when the matter is listed before the High Court on July 14. It further said that the petitioner is at liberty to raise all contentions before the High Court. At the same time, Justice Narasimha expressed sympathy for the petitioner, whose petition's hearing got delayed due to the recusal of judges. However, the judge stood firm that the Supreme Court cannot interfere on merits at this juncture."We sympathize that the quash proceedings have been initiated way back on June 12, and since then the bench after the bench has recused. We understand that. It is unfortunate. But now that it is listed...", Justice Narasimha said.When Rohatgi expressed apprehension that the matter may not necessarily be heard on July 14, the bench added an observation in its order, "we hope and trust that the matter would be taken up on the 14th of July."The order was dictated as follows :"We are informed that the matter is listed for hearing on the 14th of July. Therefore, there is no occasion for us to entertain this special leave petition. We have noted that the case was initially listed for hearing on 18.06.2025, 20.06.2025, 25.06.2025 and also 26.06.2025. We hope and trust that the matter will be taken up on the designated date, that is on 14th of July 2025."Before parting, Justice Narasimha remarked that the Court's observation in the order will address the petitioner's apprehension about further delay in the hearing before the High Court.In its FIR, Lilavati Trust has accused Jagdishan of accepting a bribe of Rs 2.05 crore from erstwhile Trustee Chetan Mehta, for giving him financial advice and helping him to retain control over the Trust's governance. It has further alleged that Jagdishan interfered in its internal affairs by misusing his position as the head of HDFC Bank.Initially, Jagdishan's plea was listed for hearing before a High Court division bench of Justices Ajay Gadkari and Rajesh Patil on June 18. However, Justice Patil cited some personal difficulty and recused from hearing the matter.Subsequently, Jagdishan's legal team led by senior counsel Amit Desai mentioned his plea before a bench of Justices Sarang Kotwal and Shyam Chandak. However, Justice Kotwal recused.Later, the matter was listed before a Division Bench of Justices Mahesh Sonak and Jitendra Jain. Justice Jain, who disclosed that he has shares in the HDFC bank, recused after an objection was raised to him hearing.As per an earlier administrative order of the High Court, cases related to the Lilavati Trust are not to be listed before six other judges of the Bombay High Court.Yesterday, when the matter was mentioned for urgent listing before a Supreme Court bench led by Justice MM Sundresh, it was argued that a frivolous FIR had been lodged against the Bank and its MD, by trustees of the Lilavati hospital, who are litigating against the other group of trustees. The bank has to recover money from them. In order to twist the arm, they have lodged an FIR through the Magistrate against the MD. The Bank and its officials went to the Bombay High Court, but three benches of the High Court recused from hearing. The next tentative date before the Court is July 14 and the bank is suffering each day.Appearance: Senior Advocate Mukul Rohatgi (for petitioner); Senior Advocates Dr AM Singhvi, Siddharth Luthra, Devadatt Kamat and Abaad Ponda, Advocates Utsav Trivedi, Kushal Mor, Dakshesh Vyas, Manini Roy, Piyush Tiwari and Harsh Pandya (for respondents)Case...

Supreme Court Declines To Hear HDFC Bank CEO's Plea Against Lilavati Trust FIR, Notes Matter Pending Before Bombay High Court

Debby Jain

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