The
Supreme Court on Friday declined to quash the first information report (FIR)
lodged against HDFC Bank’s Managing Director and Chief Executive Officer (MD
& CEO) Sashidhar Jagdishan by the Lilavati Kirtilal Mehta Medical Trust
(LKMMT), which runs Mumbai’s Lilavati Hospital.
A
bench of Justices P S Narasimha and R Mahadevan declined to intervene in the
matter since the Bombay High Court is scheduled to hear the case on July 14.
“If you are not heard, then come here. We
sympathise that quash proceedings were initiated in June and bench after bench
has recused. We understand that. But now that it is listed…,” the apex court
bench said.
Jagdishan
moved the Supreme Court after three Bombay High Court judges recused themselves
from hearing the matter.
Senior
advocate Mukul Rohatgi, appearing for Jagdishan, argued that the bank's
reputation had taken a hit due to the FIR.
“For
the last three weeks, we haven’t got a hearing in the (Bombay) high court. I am
the MD. I have nothing to do (with this matter). I am being roped in, the bank
is suffering. I want interim protection till the matter is heard. The bank has
been dragged into a private dispute. The idea is to summon me to the police
station. It is affecting my personal reputation,” Rohatgi argued.
Speaking
to Business Standard, Rohatgi said during this interim period (till July 14),
there is no threat of arrest of his client. “Not at all. The case is mala
fide,” he said when asked whether Jagdishan can be arrested before the court
hearing.
An
email sent to the bank seeking comments on Friday’s development did not elicit
a response till press time.
The
LKMMT has accused Jagdishan of financial misconduct and of exerting undue influence
over the hospital’s governance. The dispute between the Trust and the bank
escalated in June when the former filed a ?1,000 crore civil defamation suit
against Jagdishan.
The
complaint alleges that members of the Chetan Mehta group paid ?2.05 crore to
Jagdishan in return for assistance in retaining control over the Trust. The
amount was allegedly part of a larger scheme to influence the functioning of
the hospital by misusing his corporate position.
Additionally,
the Trust claimed that an offer of ?1.5 crore was made to hospital staff,
disguised as part of a corporate social responsibility initiative. It accused
Jagdishan of interfering in the internal affairs of a charitable institution,
using his authority as the head of a major private sector bank.
The
FIR was registered at the Bandra police station following an application filed
by the Trust. Jagdishan faces charges of cheating and criminal breach of trust,
including those applicable to a public servant.
Previously,
the bank accused the Mehta family of attempting to obstruct and undermine
legitimate recovery proceedings related to substantial, long-standing dues owed
by the family-owned Splendor Gems through LKMMT.
The
bank has “unequivocally” rejected and condemned the “malicious and baseless”
allegations levelled against Jagdishan, terming them as completely false,
outrageous, and constituting gross misuse of the legal process.