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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 31.05.2025

% Judgment delivered on: 17.11.2025

+ W.P.(C) 14908/2024

HAMDARD EDUCATION SOCIETY & ANR. .....Petitioners

Through: Mr. Maninder Singh, Senior Advocate with Mr. Saket Sikri, Mr.

Vikalp Mudgal, Mr. Ajay Pal Singh Kuhar, Mr. Prakhar Khanna, Mr.

M.H. Zahidi, Mr. Priyansh Choudhary, Mr. Naman Joshi and Mr.

Verdaan Jain, Advocates.

versus

RESERVE BANK OF INDIA & ORS. .....Respondents

Through: Mr. Atul Sharma, Mr. Abhinav Sharma and Mr. Snehashish B., Advocates for R1.

Mr. Sarfaraz Khan, Mr. Mirza Amir Baig and Mr. Abdul Wahid Mashaal, Advocates for R2.

Mr. Santosh Kumar Rout, Standing Counsel with Ms. Dharna Veragi, Ms. Sakshi Raj, Ms. Shruti Tripathi and Mr. Aditya Kumar Jha, Advocates for PNB.

Mr. Rakesh Munjal, Senior Advocate with Dr. Swaroop George, Mr. Mobashshir Sarwar, Mr. Abhinandan Jain, Mr. Sunil Roy, Mr. Takrim Ashan Khan and Mr. Kartikey, Advocates for R4.

Mr. Shreyans Singhvi, Ms. Akanksha Agrawal and Ms. Tanuja Singh, Advocates for Intervenor.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

VIKAS MAHAJAN, J

CM APPL. Nos. 62541/2024 & 75968/2024

1. The present petition has been filed by the petitioners seeking inter alia quashing of impugned order dated 09.10.2024 passed by the respondent no.2 bank / UCO Bank and impugned order dated 15.10.2024 passed by respondent no.3 / Punjab National Bank (PNB) whereby on the premise of the decision taken vide impugned order dated 10.10.2024 passed by the respondent no.1/RBI Ombudsman, the said two banks have debit freezed the bank accounts of petitioner no.2 / Hamdard Institute of Medical Sciences & Research [hereinafter, ‘HIMSR’], which were opened using the PAN of petitioner no.1 / Hamdard Education Society [hereinafter, ‘HES’].

2. When the writ petition was originally filed, the Jamia Hamdard (Deemed University) [hereinafter, ‘the University’] was not arrayed as respondent. Subsequently, as noted in order dated 25.10.2024 of this Court, the University was impleaded as respondent no.4, by the petitioners.

3. In the applications under consideration petitioners are seeking an interim relief of de-freezing of bank accounts.

4. The brief facts as noted from the petition are that pursuant to order dated 09.07.2019 passed by the Hon’ble Supreme Court in Civil Appeal No. 3382-83 of 2019, a Deed of Family Settlement [hereinafter, ‘FSD’] dated 22.10.2019 was executed inter-se the Hamdard Trustees / Family Members.

5. The FSD deals with various businesses, properties, and institutions run by the family including a charitable society called the Hamdard National Foundation (India) [hereinafter, ‘HNF’] which is the sponsoring body of the University.

6. The family also runs a medical college by the name of HIMSR. The FSD contemplates setting up of two committees for the management of HNF and its institutions, which are Hamdard Education and Cultural Aid Committee [hereinafter, ‘HECA’] and Medical Relief and Education Committee [hereinafter ‘MREC’].

7. Broadly, the University was to be run as an autonomous institution funded by HECA, whereas HIMSR was to be run as an institution under the MREC. As required by the FSD, the University inter alia resolved to transfer HIMSR to HES, which is under the control of MREC subject to HES obtaining necessary approvals for transfer from the Delhi Development Authority and other concerned authorities.

8. It is stated in the petition that as per Annexure VI of the FSD, various resolutions were to be passed by the University in respect of segregation of HIMSR from University and transfer of HIMSR to the HES as a going concern. An amendment to FSD dated 21.02.2020 was also entered into inter-se the Hamdard Trustees / Family Members for facilitating the implementation of Annexure VI of FSD.

9. It is stated that on 06.03.2020 Governing Body of HES passed resolutions with regard to opening of bank accounts for HIMSR and its associated hospital with J&K Bank