Bombay High Court
Prasanna Vitthal Ladkat vs Union Of India Through The Dep And Ors on 21 August, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:37084-DB
901-WP-11156-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11156 OF 2024
WITH
WRIT PETITION NO.11158 OF 2024
Prasanna Vitthal Ladkat .....Petitioner
Vs.
Union Of India Through The
Dep Of Health And Ors. .....Respondents
Mr. P. S. Dani Senior Advocate a/w Mr. Tejas Deshmukh and Mr.
Ronak Utagikar for the Petitioner.
Mr. Drupad Patil a/w Mr. B.G. Ligade for Respondent No.3.
Mr. Sagar Kursija for Respondent Nos.4 to 6.
Mr. Ketan Joshi, B-Panel Counsel for State in WP/11156/2024.
Mr. S. P. Kamble - AGP in WP/11158/2024.
CORAM : REVATI MOHITE DERE &
DR. NEELA GOKHALE, JJ.
DATE : 21st AUGUST 2025.
P.C.:-
1. In Writ Petition No.11156 of 2024, the Petitioner seeks his
appointment as guardian of his father Shri Vitthal Shripati Ladkat to
take care for him; to look after his properties; and to represent him in
all the litigation filed by or against him. He also seeks directions to
discharge his brother, Respondent No.3 from being his father's
guardian. In Writ Petition No.11158 of 2024, the Petitioner seeks his
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appointment as guardian of his mother Smt. Meenakshi Vitthal Ladkat
for the same purposes. Since the relief in both the Petitions is identical,
they are both decided by the present common order.
2. At the very outset, since the Respondent Nos. 3 to 6 are
siblings, and the issue involved in the matter pertains to the aged
parents of these Respondents and the Petitioner, we deemed it
appropriate to make an endeavor to bring about an amicable
settlement between the parties and hence, kept the matter in the
Chambers. We were informed by the parties that the Petitioner's
parents (mother & father) are suffering from paranoid schizophrenia.
Hence, by order dated 23rd July 2025, we directed the B.J.Medical
College and Sassoon General Hospital, Pune to constitute a Medical
Board to examine the parents and submit a report. Accordingly, the
parents were examined and separate reports, in respect of their
parents, dated 28th July 2025 were placed before us. The reports were
taken on record and marked 'X' for identification. The conclusion of
the Medical Board is unanimous. The Medical Board has confirmed
that the parents are suffering from schizophrenia with cognitive
impairment; that they lack the mental capacity to make independent
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decisions in respect of their self care including medical needs, personal
belongings and financial matters. Hence, we proceeded to hear the
present matters.
3. Heard Mr. Dani, learned Senior Counsel for the Petitioner
and Mr. Drupad Patil, learned counsel appearing for the contesting
Respondent No.3. Mr. Girish Godbole, learned Senior Counsel also
appeared for the Respondent No.3.
4. The Petitioner's parents are aged about 85 years. Both the
parents were diagnosed with schizophrenia in December 2005 and
continue to suffer the said ailment as per the report of the Medical
Board. The Petitioner and the Respondent Nos.3 to 6 are siblings. By
order dated 31st January 2011 passed by the District Court, Pune, in
Miscellaneous Application No.681 and 680 of 2009 under Section 50
of the erstwhile Mental Health Act, 1987, the Respondent No.3 was
appointed as legal guardian of the person of Shri Vitthal Ladkat and
Meenakshi Ladkat. The other siblings had not objected to the prayer
of the Respondent No. 3 in the said application as there was a mutual
understanding between the siblings. It is the Petitioner's case that he
was under bonafide belief that the Respondent No.3 was acting
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impartially and was taking effective steps for protecting their father's
interest. Hence, he had consented to the Respondent No.3 being
appointed as the legal guardian of their father. However, he found
that the Respondent No.3 was not bonafidely looking after their
father's interest and hence, he has filed the present Petitions. He has
also filed an application before the District Court seeking revocation
of the earlier order dated 31st January 2011 and the same is pending.
The Respondent No.3 had also made Miscellaneous Applications
before the District Court, Pune seeking his appointment as legal
guardian of the property of their parents. The Petitioner has filed a
reply to the said application, contesting the same, however, the said
application is yet pending before the District Court.
5. Be that as it may, during the course of interaction between
the parties in Chambers as well as hearing in open Court, the parties
were amenable to resolve their disputes by working out an
arrangement. We also interacted with the Respondent No.4, another
daughter of Shri Vitthalrao and Smt. Meenakshi Ladkat on video
conferencing. She stated that she lived in the USA and had no
objection to the Petitioner and the Respondent Nos.3 and 5 being
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appointed as legal guardians of their parents. On instructions from
the respective parties, the counsels tendered their suggestions to
resolve the matter amicably. Keeping in mind the suggestions put forth
by all the parties and upon consideration of the welfare and well being
of the parents we deem it appropriate to pass the following order:
ORDER
(i) The Petitioner, the Respondent No.3 and the Respondent No.5 (the two brothers and one sister) are appointed as legal guardians of property of Shri. Vitthalrao Shripatı Ladkat and Smt. Meenakshi Vitthalrao Ladakat.
(ii) As the Respondent No. 3 is already looking after all the pending litigation in various courts/forums, in which Shri Vitthalrao Shripati Ladkat and Smt. Meenakshi Vitthalrao Ladkat are parties, we permit the Respondent No.3 to exclusively continue to look after, prosecute/defend the pending litigation including further proceedings arising therefrom. The Respondent No. 3 shall incur expenditure in respect of the said litigation from his personal finances and maintain an account of the same. He shall Shivgan 5/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc be entitled to recover the amounts spent by him from the properties/monies of his parents, once the other guardians are shown the statement of accounts. If there is some dispute in respect of the expenses incurred, we permit the legal guardians so appointed by this order to approach the Secretary, District Legal Services Authority ('DLSA'), Pune whose decision in this regard will be final. The list of the pending proceedings is scanned and annexed to the present order and forms part and parcel of the present order.
(iii) The Respondent has filed an undertaking dated 21 st August 2025, that he shall not withdraw any proceedings and / or compromise or settle any proceedings without the consent of other guardians and only after such consensus, further steps will be taken. In case of any disagreement between the parties regarding the nature of or desirability of any withdrawal/compromise, the parties are at liberty to approach this Court for seeking appropriate directions. The said undertaking is taken on record. We accept the said undertaking as that made to this Court.
(iv) It is directed that if any fresh proceedings are initiated against the Shivgan 6/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc parents by a third party, in future and if the Respondent No. 3 is served with the notice/summons, he will inform the other guardians about such service within one week. It is further directed that thereafter, all the guardians will jointly defend such proceedings. In case of any lack of consensus regarding the manner defending such proceedings, the parties have the liberty to approach this Court to seek appropriate directions.
(v) If any guardian feels it necessary to initiate any completely fresh proceedings other than those indicated in clause (iii) above for safeguarding the interest of the parents, then such guardian shall intimate regarding the necessity of such initiation to the other guardians and if a consensus in that regard is reached, then all the appointed legal guardians will jointly initiate such proceedings. In case of any disagreement between the parties regarding the nature of or desirability of initiating any such proceedings the guardians have the liberty to approach this Court to seek appropriate directions.
(vi) None of the legal guardians are permitted to sell, alienate or transfer in any manner of whatsoever nature, the residential flats Shivgan 7/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc owned by Shri Vitthalrao Shripati Ladkat and Smt. Meenakshi Vitthalrao Ladkat, without leave of this Court. However, so as to meet the medical and other expenses of Shri Vitthalrao Shripatı Ladkat and Smt. Meenakshi Vitthalrao Ladkat or to maintain the upkeep of the immovable properties, the appointed legal guardians, by mutual consent are permitted to give the said immovable properties on a leave and license basis to any interested third party. The agreement so executed must be signed by all three legal guardians. If any one of them is unavailable, their ratification may be taken post the execution, however, all three legal guardians shall consent to the same. The terms and conditions of such proposed license regarding tenure, license fee and security deposit, etc., will be mutually determined by all three guardians. Any of the parties are permitted to identify a licensee offering favorable terms for the leave and license including fetching a higher license fee/compensation, and the license shall be granted accordingly. In the event, there is no consensus between the parties in this regard, they shall approach the Pune DLSA and the Secretary of the DLSA, Pune shall take an appropriate decision in that regard.
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(vii) The Petitioner and the Respondent No. 3 are directors of M/s.
Leaf Hotel Private Limited, along with their father Shri Vitthalrao Ladkat. The company owns a commercial shop on the ground floor of Sai Complex, Ferguson College Road, Shivaji Nagar, Pune 411 005 admeasuring about 250 Sq Ft. (approximately). In the said M/s. Leaf Hotel Private Limited, the Respondent No.3 holds 40% shares, Shri Vitthal Ladkat holds 15% shares, Petitioner herein holds 30% shares and one Pratap Kamlakar Gadkari holds the balance 15% shareholding of the said company. As far as said commercial shop is concerned, the same shall be also given on leave and license after following the due procedure prescribed under the Companies Act, and by following the procedure indicated in clause (vi) above. Since Shri Vitthalrao Ladkat holds 15% shares in the said Company, after defraying expenses of municipal taxes, society maintenance and income tax etc. of the said company, the residual amount of his shares will be deposited in the account of Shri Vitthalrao Ladkat. The said amount shall be utilized for the medical and other expenses of the parents. The Petitioner and the Respondent No.3 shall jointly sign the requisite documents like Balance Sheet, Returns etc. for Shivgan 9/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc making statutory compliance.
(viii) Another company of Shri Vitthalrao Ladkat namely, Shri Vitthal Agro Products Pvt. Ltd is facing recovery proceedings initiated by the State Bank of India. The lands owned by the said Company and many other properties are mortgaged as a security for the said loan. It is directed that the Respondent No. 3 is exclusively permitted to initiate talks and negotiations with the Bank regarding procuring approval for a One Time Settlement or repaying the loan of the Bank and obtain 'No dues certificate' from the Bank. The Respondent No.3 shall be exclusively entitled to take all requisite steps for achieving such closure.
(ix) The Respondent No. 3 has consented for appointment of the Petitioner and Respondent No. 5 as Additional Directors of M/s Shri Vitthal Agro Products Pvt. Ltd. He undertakes to take necessary steps to seek necessary orders from the NCLT or the Registrar of Companies in that regard. It is hereby directed that the Petitioner and the Respondent Nos. 3 and 5 shall sign the requisite documents like Balance Sheet, Returns etc. for making statutory compliance.
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(x) The amount of rent and /or license fees received from the properties as provided herein above will be deposited in the bank accounts standing in the name of Shri Vitthalrao Shripati Ladkat and Smt. Meenakshi Vitthalrao Ladkat, in equal proportion. The names of all three legal guardians, shall be added as joint account holders in the said accounts, if the bank account/s are not already in their names, along with the respective parent. The same shall be operated by joint signatures of all the guardians. The transactions in the said newly opened bank accounts will be monitored by the Secretary of the DLSA periodically and for that purpose, the guardians shall submit bank statements, within ten days of the expiry of every quarter commencing from 10 th October 2025.
(xi) The legal guardians appointed by this order shall also be the legal guardians for all other immovable properties, either exclusively owned or partly owned by Shri Vitthalrao Shripati Ladkat and Smt. Meenakshi Vitthalrao Ladkat, including ancestral/joint family properties in which they have undivided share. However, none of the siblings individually shall create third party rights Shivgan 11/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc therein without seeking leave of this Court.
(xii) Notwithstanding the present order, the order dated 31 st January 2011 passed by the District Court at Pune in Miscellaneous Application Nos. 680 of 2009 and 681 of 2009, appointing the Respondent No.3 as legal guardian of the person of Shri Vitthal Ladkat and Meenakshi Ladkat shall continue to operate. The Respondent No. 3 shall however, withdraw the application made by him before the District Court, Pune or in any other Court, seeking to be appointed legal guardian of the property of his parents. The Petitioner and other Respondents shall give their no objection for the same before the Court concerned.
6. The present petitions are disposed off in the aforesaid terms.
7. It is made clear that we have not gone into the merits of the averments in the petitions and the directions in paragraph no. 5 above are issued in terms of the suggestions furnished by the parties
8. All parties to act on an authenticated copy of the present order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Shivgan 12/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc LIST OF PENDING CASES Shivgan 13/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc Shivgan 14/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc Shivgan 15/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc Shivgan 16/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc Shivgan 17/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 ::: 901-WP-11156-2024.doc Shivgan 18/18 ::: Uploaded on - 04/09/2025 ::: Downloaded on - 05/09/2025 22:11:23 :::