Habeas corpus plea over head of Kanchanjunga bldg family

MUMBAI: The Bombay high court has allowed the daughter of Indu Patel, 93, the widow of businessman Parmanand Patel whose family built the landmark Kanchanjunga Apartments at Kemps Corner that was designed by Charles Correa, to meet her thrice a week for an hour in the covered area of Bella Vista bungalow portico on Peddar Road.

The interim order, which came into operation on Friday, was passed by Justices Revati Mohite-Dere and Gauri Godse on Wednesday after hearing a habeas corpus petition by Sudha Chowgule for the production and release of her mother who, she claimed, has been wrongfully detained by her sister Jaya Patel.
“… (W)e are at pains to see what Mrs Induben Patel is required to go through in her twilight years,” said the judges. On Friday, Sudha could not meet her mother who was travelling.
The sisters are at loggerheads over their father’s assets (flats in Kanchanjunga, Bella Vista, Vama Mall and shares of various companies, including the flagship, Tulsidas V Patel Pvt Ltd) and have made serious allegations against each other. The judges noted there are several proceedings, civil and criminal, between the sisters and their families. By an October 2007 HC order, Jaya was allowed to solely occupy Bella Vista bungalow.
On March 21, another HC bench had appointed advocate Manjiri Shah to ascertain where Induben wishes to reside, if she would like to meet Sudha and how, and what she desires in life. On April 2, the judges interacted with Induben through videoconference, and three days later they met her daughters in chambers.
They also perused an October 26, 2021, report by Shah on Jaya’s habeas corpus petition in which she alleged that Sudha had illegally detained their mother. The mother had told Shah that she wished for peace in her life and that she was very well looked after by Sudha and her family, noted the judges. The report also recorded that Induben “felt a sense of shame that despite their father having given so much, there were quarrels between the petitioner (Sudha) and respondent (Jaya) and she wishes both sisters would stop fighting and she wanted to bring peace between them”.
Jaya’s advocate Jamsheed Master vehemently opposed any interim relief for Sudha. He said Induben “escaped” Sudha’s residence in Kanchanjunga on December 3, 2021, and came to Bella Vista in the wee hours amid heavy rain. Master urged the judges not to look at the October 2021 report as this incident happened afterwards. He also pointed out that Sudha is seeking relief after over 18 months.
But the judges directed that Sudha, her industrialist husband Ashok, their children and grandchildren are permitted to meet her mother every Monday, Wednesday and Friday from 10am to 11am until further orders. “Any two family members are permitted to accompany (Sudha) on the said days,” they added.
Among other conditions imposed was a bar on videography of the meeting by either side, any advocate, solicitor or chartered accountant accompanying Sudha, and Jaya and her family/staff not remaining present at the meeting.
Senior advocate Navroze Seervai, for Sudha, said she and her family will not discuss her mother’s property or her bank accounts or carry any paper or document with them. “Statement accepted. This order would come into operation from this Friday i.e June 30, 2023, having regard to Induben Patel’s age,” said the judges.
They rejected Master’s prayer to stay implementation of the order.