Authority: Supreme Court of India, Civil Appellate Jurisdiction (Justices M.M. Sundresh & Augustine George Masih)
Order Date: 16 September 2026
Case Overview
- Parties: Appellant Rajesh K. Mehta and Lilavati Kirtilal Mehta Medical Trust (the Trust) vs. Respondent HDFC Bank Limited.
- Background: The Bombay High Court, on 16 July 2026, granted Rajesh K. Mehta permission to travel abroad for 120 days, subject to depositing Rs 7,50,00,000 (₹7.5 crore) as additional security.
- The appellant contended that the Recovery Officer, DRT‑II Mumbai, had withdrawn the arrest warrant (22 July 2025) and all travel restrictions, rendering the security condition unnecessary.
- Counsel for the appellant (Dr. Abhishek Manu Singhvi, Sr. Adv. & Mr. Devdatt Kamat, Sr. Adv.) argued that the appellant had previously deposited ₹7.5 crore and a total of ₹12 crore, and that no criminal proceedings were pending.
- The respondent bank argued that the appellant had misrepresented facts and that the High Court’s order should stand.
- The Supreme Court noted that the appellant had made frequent foreign trips, returned to India, and was not a flight risk. The order of DRT‑II dated 22 July 2025 benefits the appellant.
Observations & Reasoning
- The Court found no legal bar for the appellant to travel abroad.
- It recognized that the High Court exercised discretion in imposing the security condition but questioned its magnitude.
- The Court considered the appellant’s financial capacity, as affirmed by the DRT‑II Recovery Officer.
- The Trust’s appeal challenging the permission itself was deemed without merit.
Decision
- The condition to deposit ₹7.5 crore is modified to a reduced security amount of ₹3,00,00,000 (₹3 crore).
- The appellant must deposit the ₹3 crore in the same manner as directed by the High Court, within three weeks of the order.
- The High Court is directed to dispose of pending writ petitions W.P. No.3802/2025 and W.P.(L) No.40817/2025 within six months of receiving a copy of this order.
- The Presiding Officer, DRT‑II Mumbai, is directed to dispose of the pending matter M.A. No.119/2025 in R.P. No.709/2004 within six months of receiving a copy of this order.
- All pending proceedings must be decided on their merits, without being influenced by observations in this order.
- Both appeals are disposed of in the aforesaid terms, and any pending applications, if any, shall also stand disposed of.
Final Outcome
- The Supreme Court reduced the security deposit requirement to ₹3 crore, set a three‑week compliance deadline, ordered timely disposal of related writ petitions and DRT‑II matters, and dismissed both appeals.
Topics: Travel Permission, Security Deposit, Court Order