Final Order 1

Order Details: Copy of Judgment
Pdf Text: Guardian Petition No.67/2020 1
Presented on : 21/08/2020
Registered on : 21/09/2020
Decided on: 27/10/2020
Duration : 00Y 02M 06D
IN THE BOMBAY CITY CIVIL COURT AT GREATER
MUMBAI
GUARDIAN PETITION NO.67 OF 2020
(CNR No.MHCC02-004172-2020)
Petition for permission under
section 8(2) (a) of Hindu Minority
and Guardian Act, 1956 r/w
Guardians and Ward Act 1890.
And
In the matter of minor Tushtii
Inhabitant of Mumbai, under the
age of 14 years and residing at
1302/1303, Jeevan Sapna
Apartment, M.G. Cross Road No.4,
Kandivali (West), Mumbai-400067.
Prashant Keshavji Purecha ]
Aged about 57 years, ]
Occupation: Business, ]
R/at: 1302/1303, ]
Jeevan Sapna Apartment, ]
M.G. Cross Road No.4, ]
Kandivali (West), ]
Mumbai-400067. ] … Petitioner
Appearance:
Mr. M.H. Sayed & Shyamdhar, Ld. Advocates for the petitioner.
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Guardian Petition No.67/2020 2
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 27th OCTOBER, 2020
(Dictated and Pronounced in Open Court)
JUDGMENT
This is a petition under section 8(2) of Hindu Minority
and Guardianship Act r/w section 4(a) and 29 of the Guardians
and Wards Act for permission to mortgage/lease/sell of the
property of minor.
2. It is argued on behalf of petitioner that Miss. Tushtii
Prashant Purecha is the ward aged about 14 years. Petitioner
Prashant is her biological father and natural guardian. Her
mother passes away. Petitioner and one Liladhar Purshotam
Toprani, the grandfather of ward Trushtii were joint owners of
immovable properties mentioned in petition para No.7, having
50% share each. Said Liladhar died on 25.07.2016 leaving
behind petitioner and ward as his legal heirs. During his life
time he has executed will and thereby bequeathed his 50%
share in above properties equitably between petitioner and
ward Trushtii. As such petitioner is having 75% share while
ward is having 25% share in said properties.
3. That the petitioner is doing business of Chemical
manufacturing in Tarapur. In the name and style as M/s. Sonal
Plasrub India Pvt. Ltd. He is managing director of said
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Guardian Petition No.67/2020 3
company. He is in need of fnancial assistance for said
business. He has applied for loan from the bank at Mumbai.
Bank has agreed to sanction the loan on condition to give
above properties on collateral securities in which ward has
having 25% share. Said money is required for the growth of
company. It is the way of livelihood of minor. The money is
also required for education and maintenance of minor. There
is no adverse interest of petitioner. On these grounds
petitioner prayed for permission to mortgage/lease/sell of
properties including 25% share of ward.
4. In support of above contention petitioner has fled his
affidavit Exh-02 stating that he has no any adverse interest
against the minor. So also he has fled affidavit Exh-03 stating
that money is required for business purpose and for education
purpose of minor. Lastly he has fled affidavit Exh-04 stating
that besides him there is no surviving relatives of ward.
5. On going through the contention raised in the petition
and supporting affidavit I am of the opinion that money is
required for growth of business which is one of the way of
livelihood of ward. So also money is required for her
education purpose. It seems that petitioner has no adverse
interest against minor. Therefore permission can be granted
as asked for. Accordingly the order.
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Guardian Petition No.67/2020 4
ORDER
1. The Guardian Petition No.67/2020 is hereby allowed.
2. Permission is hereby granted to applicant under section
8(2) (a) of Hindu Minority and Guardianship Act, 1956 r/w
Guardians and Ward Act 1890 to mortgage/sale of the
properties mentioned in Para No.7 of the application i.e.
1) 1302/1303, Jeevan Sapna Apartment, M.G. Cross Road No.4,
Kandivali (West), Mumbai-400 067, 2) Flat No.1803, E-Wing,
R.N.A. Grande, M.G. Cross Road, Kandivali (West), Mumbai-
400067 and 3) Prakruti Estate, Bungalow No.A-4, Tungarli
Village, Near Narayani Dham Temple, Lonavala, Maharashtra
to the bank for working capital/CC/term loan.
3. That in case of default of loan account bank shall frst
recover the loan amount by disposing of the properties of
other directors and other properties where minor has no
share.
4. That after disposing of all the individual properties of the
directors and other mortgaged properties like factory land
building, machinery, stocks, movable and immovable
properties etc, in which minor's has no share, if entire loan
amount is not recovered then the bank is at liberty to dispose
of the properties in which minor has share.
5. That excess amount if any, after repayment of entire loan
amount, the bank shall deposit said amount in minor's name
as fxed deposit receipt. In addition, said FDR cannot be used/
utilized by others without prior permission of Court or minor
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Guardian Petition No.67/2020 5
attaining majority whichever is early.
6. Application disposed of accordingly.
Date:- 27.10.2020. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 27.10.2020
Transcribed on : 31.10.2020
HHJ signed on : 04.11.2020
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Guardian Petition No.67/2020 6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04.11.2020 04.11 p.m. Sanjay Baliram Kaskar
(Stenographer Higher Grade)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
27.10.2020
Judgement/order signed by
P.O on
31.10.2020
Judgement/order uploaded on 04.11.2020
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