The High Court of Bombay allowed an adult beneficiary to withdraw funds deposited under a guardianship order. The applicant, having attained majority, was permitted to access the balance as prayed in the petition.
Permission granted to withdraw the amount deposited in the court as per the certificate of balance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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905-NMS1056.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1056 OF 2013 IN GUARDIAN PETITION NO. 3 OF 1996
Kadambari Jagdish Sawant
..... Applicant/ Beneficiary
IN THE MATTER BETWEEN
Smt.Karuna Jagdish Sawant
..... Petitioner
Ms.P.M.Bhasali, i/b. Hegde & Associates for the Applicant.
CORAM : R.D. DHANUKA, J.
DATED : 19th SEPTEMBER, 2013
P.C.
Applicant who has become major seeks permission to withdraw the amount deposited in this court as per certificate of balance annexed to the affidavit in support. On perusal of the documents annexed to the petition, it is clear that the applicant has attained the age of majority and is entitled to withdraw the amount deposited by the guardian appointed by this court. Notice of Motion is accordingly made absolute in terms of prayer (a). It is clarified that office shall permit to withdraw the amount as prayed in prayer (a) as per certificate of balance annexed to the affidavit in support Ex.E expeditiously. Office is directed to act on the order duly authenticated by the Associate of this court.
[R.D. DHANUKA, J.]
2 issues framed by the court
Whether an adult beneficiary is permitted to withdraw the amount deposited by the court-appointed guardian?
Whether the court's order to permit withdrawal should be made absolute?
1 provisions across 1 enactments
Kadambari Jagdish Sawant
Smt.Karuna Jagdish Sawant
Karuna Jagdish Sawant (as guardian)
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
