Order 1

Order Details: Order below exhibit
Pdf Text: 1 Ex2MH Petition 128/19
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
ORDER BELOW EXHIBIT2
IN
MENTAL HEALTH PETITION NO. 128 OF 2019
Mr. Noshir Ardeshir Mistry ...Petitioner
Appearance: Adv. Mr. Jaideep Jaywant for the Petitioner.
Coram : Ashutosh N. Karmarkar,
2nd Addl. Principal Judge,
(Court Room No. 54)
Dated : 3rd January, 2020
ORDER
1. According to the applicant, he has filed the applicatioin
under Sec. 14 (1) of the Rights of Persons With Disabilities Act, 2016
for appointing as a guardian. There is locker No. 943A in the name of
mentally ill person Bomi Cowjiva, who was staff member of Union Bank
of India. The applicant has paid rent of the said locker. In order to
decide this application, it is necessary to verify the contents in the
locker. He has prayed for appointment of Advocate as a Court
Commissioner. He has prayed for directing the Court Commissioner to
prepare inventory of the contents of the locker in presence of the
applicant and bank official.
2. I have heard Ld. Advocate for the applicant. The applicant
has prayed for appointing as a guardain of Bomi Cowjiva, who is
mentally and physically incapacitated. The applicant has contended
that he is real brother of deceased Mrs. Gool Bomi Cowjiva. The said
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late Mrs. Gool Bomi Cowjiva, is the wife of the alleged mentally ill
person. The applicant has placed on record the directions in the
petition filed by the applicant vide letter of administration to the
property of deceased Mrs. Gool Bomi Cowjiva, wherein it is discussed
that the half share of the estate shall be distributed to the present
applicant.
3. The applicant has placed on record two certificates of
Dr.Golwala and the another from J.J. Hospital. Copy of certificate from
J.J. Hospital prima facie shows that due to his neurological condition of
paralytic stroke, mentally ill person is still mentally and physically
incapacitated. In order to decide the application effectually it is
necessary to have details of the property of alleged incapacitated
person. It will be proper to appoint Commissioner to open locker in the
bank in presence of bank official and applicant so as to prepare
inventory. The applicant will have to bear expenses. Thus, application
deserves to be allowed. Accordingly, I proceed to pass order in
following terms.
ORDER
1. Application Exhibit2 is allowed.
2. Adv. Mr. Tushar Menkudale is appointed as a Court
Commissioner.
3. He shall visit Union Bank of India, Mazgaon Branch, Mumbai and
Locker No. 943A at Union Bank of India, Mazgaon Branch, Mumbai, in
the name of Mr. Bomi Hormasji Cowjiva and late Mrs. Gool Bomi
Cowjiva be opened in presence of the applicant, bank official and Court
Commissioner.
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4. The Court Commissioner shall prepare inventory of contents in
the said locker. The said inventory shall be signed by the Court
Commissioner, Bank official and the applicant.
5. After the job of preparing inventory is over all the contents in the
locker be again kept in the same locker and its key shall be with the
bank concerned.
6. The applicant to deposit commissioner fee Rs.3000/ in the Court
within two weeks.
7. The commissioner to submit report within one month from
depositing of the Commissioner fees.
( Ashutosh N. Karmarkar )
2nd Addl. Principal Judge,
Date : 03.01.2020 City Civil Court, Gr. Mumbai.
Dictated on : 03.01.2020
Transcribed on : 04.01.2020
Date of sign : 06.01.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 06.01.2020 3.50 P.M.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri A.N. KARMARKAR
(C.R.No.54)
Date of Pronouncement of
JUDGMENT /ORDER
03.01.2020
JUDGMENT /ORDER signed by P.O. on 06.01.2020
JUDGMENT /ORDER uploaded on 06.01.2020
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