Bombay High Court
Lubina Mohamed Agarwal And Anr vs Union Of India And 4 Ors on 12 August, 2021
Author: Madhav J. Jamdar
Bench: Ujjal Bhuyan, Madhav J. Jamdar
1/3 7. WP.2266.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1266 OF 2021
Lubina Mohamed Agarwal & Anr. ... Petitioners
V/s.
Union of India & Ors. ... Respondents
...........
Mr. Iqbal Chagla, Senior Counsel and Mr. Jehangir Jejeebhoy,
Counsel i/b. Dastur Kalambi and Associates for the Petitioners.
Ms. Geeta Shastri, Addl. GP for the Respondent-State.
..........
CORAM: UJJAL BHUYAN AND
MADHAV J. JAMDAR, JJ.
DATE : 12th AUGUST, 2021.
(THROUGH VIDEO CONFERENCE) P. C:-
Heard Mr. Iqbal Chagla, learned senior counsel for the petitioners and Ms. Shastri, learned Addl. GP for the respondent- State.
2. Petitioners are sisters being daughters of Kamar Sultana Mohamed aged about 84 years and who is presently in Jagruti Rehabilitation Centre, Navi Mumbai suffering from "Progressive Dementia".
3. Prayer made in this petition filed under Article 226 of the Constitution of India is for a declaration recognizing the petitioners as guardians and managers of the person and properties of Kamar Sultana Mohamed having the power and authority to operate her bank accounts etc. Sonali ::: Uploaded on - 12/08/2021 ::: Downloaded on - 13/08/2021 06:39:26 ::: 2/3 7. WP.2266.2021.doc
4. Learned senior counsel has referred to the various documents annexed to the Writ Petition to highlight the present condition of Kamar Sultana Mohamed. He has also relied upon the additional affidavit filed by the petitioners.
5. Before proceeding further we are of the view that it would be appropriate to have a report from the Sir J. J. Group of Hospitals, Mumbai about the present status of Kamar Sultana Mohamed.
6. Issue notice.
7. Ms. Shastri waives notice for respondent Nos. 2 and 3.
8. Petitioners to serve the other respondents and file affidavit of service.
9. In the meanwhile we direct Sir J. J. Group of Hospitals, Mumbai to examine mother of the petitioners - Kamar Sultana Mohamed in Jagruti Rehabilitation Centre, Navi Mumbai and furnish us a report on or before the next date.
10. Mr. Chagla, learned senior counsel submits that at this stage direction may be issued to respondent Nos. 4 and 5 to meet the expenses incurred by Jagruti Rehabilitation Centre, Navi Mumbai in the treatment of Kamar Sultana Mohamed as well as to Sagar Sangeet & Conversion Scheme Cooperative Housing Society Limited.
11. On due consideration we are of the view that upon receipt of Sonali ::: Uploaded on - 12/08/2021 ::: Downloaded on - 13/08/2021 06:39:26 ::: 3/3 7. WP.2266.2021.doc the medical report Court may consider passing appropriate order.
12. Stand over to 2nd September, 2021.
(MADHAV J. JAMDAR, J.) (UJJAL BHUYAN, J.) Sonali ::: Uploaded on - 12/08/2021 ::: Downloaded on - 13/08/2021 06:39:26 :::