Final Order 1

Order Details: Notice of Motion
Pdf Text: Order NM 532-2018 S 71-2018 :1:
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
NOTICE OF MOTION No.532 OF 2018
IN
SUIT No.71 OF 2018
Rayomand Rohinton Irani )
Adult, aged 43 years, )
Indian Inhabitant of Mumbai, )
residing at Malegamwalla Building No.2D, )
Flat No.20, 2nd Floor, M.M.C. Road, )
Mahim (West), Mumbai 400 016. ) ..Plaintiff.
Versus.
1. Khoremand Rohinton Irani, )
2. Cafe Mondegar, )
3. Gulshan Rohinton Irani, )
4. Hoshang Rustam Yazdegardi, )
5. Niloofar Shahrokh Nooshian )
6. Shahnaaz Rohinton Irani )
7. Mehernaz Kaikhosrow Tirandazian ) ..Defendants.
Adv. Javed Hussain i/b Hussain and Company for plaintiff.
Adv. Randheria i/b Mahendra Moholkar for defendant no.1.
CORAM : Dinesh P. Surana
Court Room No.1
DATED : 13.02.2018.
ORAL ORDER
Notice of Motion No. 532 of 2018 is taken out by the plaintiff to
interview defendant No.3 in the Judge's Chamber to examine her
mental stability. It is also prayed by the plaintiff that the defendant
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No.3 be referred to the Mental Health Review Board, constituted under
The Mental Healthcare Act, 2017 with direction to submit report to the
Court.
2. While Notice of Motion No.532 of 2018 was argued the
Court was of the opinion that in view Order XXXII Rule 15 of Code of
Civil Procedure, inherent powers to civil court and as per ratio laid
down by the Hon'ble Bombay High Court in the case of Somnath V/s.
Tipanna Ramchandra Jannu (AIR 1973 BOMBAY 276), the
defendant No.3, who is mother of the plaintiff and defendant No.1, is
required to be called for being questioned by the court. Therefore, by
the consent of plaintiff and defendant No.3, the defendant No.3 was
alone called in the Judge's Chamber of Court Room No.1. The sole
intention behind calling defendant No.3 in the Judge's Chamber was
that, she should not feel embrassing as the dispute is mainly between
her two sons. Both sons were given option to remain present, if they
desires, during the interview. However, they both agreed for the inquiry
to be conducted in the Chamber lonely and solely with defendant No.3.
Therefore, the defendant No.3 from 2.00 p.m. to around 2.30 to 2.40
p.m. was interviewed and was questioned. While she was being
interviewed, I formed an opinion that she is required to be called for
one or two occasion again for the purpose of inquiry and further
questioning her. However, without commenting right now about her
ability and capacity to defend herself in the suit, I am of the view that
further inquiry has to be conducted under Order XXXII Rule 15 of CPC
and defendant No.3 is also required to be examined by the medical
experts.
3. It is being informed to me that no Board is constituted by
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Order NM 532-2018 S 71-2018 :3:
the Government under The Mental Healthcare Act, 2017. However for
the purpose of inquiry under Order XXXII Rule 15 of CPC, and for the
purpose of satisfaction of court about the fact as to whether defendant
No.3 is really capable of protecting her interest and defend her in the
suit, the Dean of Sir J.J. Hospital, Byculla, Bombay can be directed to
constitute such Board/Committee of experts for the purpose of
examination of defendant No.3 of her mental status and for filing report
or opinion of the Committee/ Board of Experts. Therefore, following
order is passed.
ORDER
1. Inquiry under Order XXXII Rule 15 of Code of Civil Procedure is
already initiated.
2. The Dean of Sir J.J.Hospital, Byculla, Bombay is directed to form
a temporary Board or Committee of experts for the purpose of
examination of defendant No.3 of her mental status or stability.
3. The Board/ Committee of experts so constituted by the Dean of
Sir J.J.Hospital, Byculla, Bombay is directed to examine the defendant
No.3 and file their report/ opinion about her mental status and stability
to this court which will be helpful to this court for the purpose of
inquiry under Order XXXII Rule 15 of CPC.
4. The defendant No.1 is directed to take defendant No.3 or
defendant No.3 is directed to submit herself for the purpose of such
examination before the Board/ Committee of experts so constituted on
the date or dates given by the Head of the Board or Committee of the
Experts so formed.
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5. The Dean, Sir J.J.Hospital, Byculla, Bombay and the Board/
Committee of experts so constituted are directed to see that exercise is
completed within a period of 30 days from the date of receipt of the
said order.
6. Plaintiff or defendant No.1 or defendant No.3 are at liberty to
communicate about the said order passed in Notice of Motion No.532 of
2018 to the Dean, Sir J.J. Hospital, Byculla, Bombay.
7. Notice of Motion No.532 of 2018 is disposed of subject to
outcome of the inquiry under Order XXXII Rule 15 of CPC.
8. The Board or Committee of Experts so appointed by the Dean, Sir
J.J.Hospital, Byculla, Bombay are directed to observe the provisions of
The Mental Healthcare Act, 2017 for the purpose of examination of
defendant No.3.
(Dinesh P.Surana)
Judge, City Civil Court,
Date : 13.02.2018. Gr. Bombay.
Dictated on : 13.02.2018
Transcribed on : 13.02.2018
Signed on : 14.02.2018
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Order NM 532-2018 S 71-2018 :5:
“CERTIFIED TO BE TRUE & CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
14.02.2018 2.00 p.m. Mr.Vishnu S. Shinde
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.) HHJ Shri D.P. Surana (C.R.No.01)
Date of pronouncement of Judgment/ order 13.02.2018
Judgment/Order signed by the P.O. on 14.02.2018
Judgment/Order uploaded on 14.02.2018
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