HDFC Bank CEO vs Lilavati Trust: Why 3 Bombay HC judges recused from hearing case, what happens next

Three Bombay High Court judges reportedly recused from hearing HDFC Bank CEO and MD Sashidhar Jagdishan's plea to quash an FIR registered against him on a complaint filed by the Lilavati Kirtilal Mehta Medical Trust.

If reports are to be believed, six more judges are unlikely to hear the matter.

Sources told Live Law that Jagdishan's legal team gave the Chief Justice of India (CJI) a list of six judges, apprising him that these judges will not hear the matter as they have already recused themselves from hearing cases related to Lilavati Hospital for various reasons.

Why did 3 Bombay HC judges recuse themselves from hearing the case?

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 a few shares of HDFC Bank.

According to Bar and Bench, the case was first listed on June 18 before a bench of Justices AS 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.

Subsequently, the matter was listed before the bench of Justices MS Sonak and Jitendra Jain on Thursday.

However, Justice Jain disclosed that he held shares in HDFC Bank. Upon objection from the counsel for Prashant Mehta, the Trust's authorised representative, Justice Jain too recused from the matter.

Pursuant to this, the bench of Justices MS Sonak and Jitendra Jain recused and said the matter shall be placed before another bench.

What happens next

The matter will now have to be placed before another bench.

The matter is likely to be mentioned before a division bench of Justices Ravindra Ghuge and Milind Sathaye on Monday (June 30) as it is the designated alternate court, now left for hearing the said plea as per the roster, Live Law reported.

What's the case?

The Lilavati Kirtilal Mehta Medical Trust filed an FIR, accusing HDFC Bank CEO and MD Sashidhar Jagdishan of accepting a bribe of ₹2.05 crore from erstwhile Trustee Chetan Mehta for giving him financial advice and helping him retain control over the Trust's governance.

It further accused Jagdishan of interfering in its internal affairs by misusing his position as the head of HDFC Bank.

The complainant Trust runs the famous Lilavati Hospital in Mumbai.

Jagdishan was booked under charges of cheating and criminal breach of trust by a public servant.

The Trust has also filed a petition before the high court seeking a Central Bureau of Investigation (CBI) probe into the matter.

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.

Jagdishan later filed a plea seeking quashing of this FIR.

(With inputs from agencies)