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Jagannath Vasudev Gawade vs Nihal Anand Gawade (Minor) on 7 October, 2019

Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION
Radhakishan
S. Ladda

Digitally signed
GUARDIANSHIP PETITION No 13 OF 2019
by Radhakishan
S. Ladda
Date:
2019.10.07
15:37:11 +0530

Jagannath Vasudev Gawade ..Petitioner.

Vs

Nihal Anand Gawade (Minor) ..Respondent.

Mr. Kiran Shrirang Mohite for the petitioner.

CORAM : B. P. COLABAWALLA, J.

DATED :- 7th OCTOBER, 2019.

P.C. :-

1. Heard the learned Advocate for the petitioner and also

considered the averments in the petition. From the averments

contained therein, I am satisfed that no notice is required to be

given as contemplated under Section 11 of the Guardians and SectionWards

Act, 1890.

2. This Guardianship Petition has been fled by the

petitioner who is the grand-father of the minor Master Nihal Anand

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Gawade who is currently 14 years old and is also residing with the

petitioner. The said minor’s father Mr. Anand Jagannath Gawade

expired on 25th November, 2012. Similarly, the mother of the said

minor Mrs. Anjani Anand Gawade also expired on 16 th June, 2019.

The mother of the minor was working in Reliance Smart at Phoenix

City Mall, Kurla Kamani, Kurla (West), Mumbai-400 070 (for short

“Reliance Smart”). After her demise, her pending dues of

approximately Rs.15,00,000/- being Provident Fund and other dues

etc., have not been paid out. Since the son of the deceased mother is

the minor, the concerned Authorities of Reliance Smart are not

disbursing the said amount to the minor as well as the petitioner. It

is in these circumstances that the present petition is fled.

3. The petitioner has stated on oath in the petition that the

amounts that would be received from the concerned authority of

Reliance Smart would be utilized for the education and future career

of the minor.

4. Having heard the learned Advocate appearing on behalf

of the petitioner and considering the averments in the petition, I do

not see any impediment in appointing the petitioner as the guardian

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of the person and the property of the said minor Master Nihal

Anand Gawade.

5. In these circumstances, the petition is allowed in terms

of prayer clauses (a) and (b) which read thus :-

“(a) That this Hon’ble Court be pleased to issue Notice under
Section 11 of the Guardian and SectionWards Act, 1890 be dispensed
with;

(b) That this Hon’ble Court be pleased to appoint the
Petitioner as Guardian of Master Nihal Anand Gawade and
property of the said Mr. Nihal Anand Gawade without
security and without remuneration.”

6. It is clarifed that whatever monies are received by the

petitioner for and on behalf of the minor either from the concerned

authority of Reliance Smart, or any other authority, shall be utilized

exclusively for the use and beneft of the said minor. The petition is

accordingly disposed of. No order as to costs.

(B.P. COLABAWALLA, J.)

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