This story is from November 27, 2014

Lilavati Hospital’s Mehta says ED summons not served to him

Kishor Mehta, the 76-year-old son of the Lilavati Hospital founder, was arrested on Wednesday and got interim bail in a case of not responding to summons in an old foreign exchange violation case.
Lilavati Hospital’s Mehta says ED summons not served to him
MUMBAI: Kishor Mehta, the 76-year-old son of the Lilavati Hospital founder, was arrested on Wednesday and got interim bail in a case of not responding to summons in an old foreign exchange violation case.
Under the Foreign Exchange Regulation Act (now repealed), failure to respond to summons is an offence punishable with up to three years in prison. In 2002, ED launched prosecution and the trial court issued him summons.
About two weeks ago, the court issued a non-bailable warrant against Mehta.
“He was not cooperating and we arrested him so that the court could start trial in the case and take it to its logical conclusion,’’ said a senior ED officer.
Mehta’s wife Charu is on the Supreme Court-appointed interim board of trustees that manages Lilavati hospital, the premier multi-specialty institution in Bandra that is caught in a legal wrangle in the Mehta family over control. The charity commissioner’s office in Mumbai is conducting a day-to-day hearing to adjudicate the hospital trusteeship. Mehta is due to depose before the commissioner soon.
Once Mehta was produced in the court around 1pm, he was sent to judicial custody till Saturday. He filed a bail plea and his lawyer Pranav Badheka argued there was nothing on record to show he had been served the summons. The court was “misled’’ into issuing the NBW “on a false pretext that he was not available”, the lawyer added.
Prosecutor R Natarajan opposed bail, saying “It is a grave violation, such failure cannot be excused.’’ The ED in its reply said since Mehta had failed to respond, court issued the NBW first in 2004 and then in November 2014. “It is a serious, not trivial matter,’’ said Natarajan.

Mehta’s other lawyer Aabad Ponda pointed out that the summons were issued in the name of one Murad Lakadwalla in Bandra while Mehta’s address was Opera House. “So it is hardly a question of breach of a court order… Mehta cannot be held liable for something he had no knowledge of,” Ponda said, adding that there’s “something more than meets the eye”.
Additional metropolitan magistrate Makarand Bodhankar accepted the defence arguments and ordered Mehta’s release on an interim bail of Rs 2lakh till regular hearing on November 29. The court also directed Mehta to be present before the ED.
On Wednesday, ED officials said they reached Mehta’s Pedder Road residence around 7.30am and tried to convince him to cooperate. Mehta gave health issues and was unwilling to leave without a wheelchair. After a couple of hours, he was persuaded to walk out and was produced in court.
Kishor Mehta’s lawyer pointed out the summons were issued in the name of one Murad Lakadwalla in Bandra while Mehta’s address was Opera House. “So it is hardly a question of breach of a court order… Mehta cannot be held liable for something he had no knowledge of,” he said.
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