Krishan Kumar Kathuria & ANR. v. The Govt Of NCT Of Delhi & ORS.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KRISHAN KUMAR KATHURIA & ANR.

..... Petitioners Through:

Ms. Ankita Chaudhary and Mr.

Shreyas Balaji, Advocates.

versus THE GOVT OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Udit Malik, ASC for GNCTD with Mr. Vishal Chanda, Advocate.

Mr. Kshitij Aggarwal, Advocate for R-4.

Mr. Ashim Shridhar, Advocate for R6.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 11.01.2024 1.

The Petitioner has approached this Court with the following prayers: "i. Issue an appropriate Order/Direction in nature of Mandamus or other appropriate Writ appointing the petitioner no.2, namely Smt. Sudesh Kumari Kathuria w/o Mr. Krishna Kumar Kathuria who is lying in the comatose state since the last 4 years to protect his interest, manage movable and immovable properties, administer bank accounts, investments, proprietorship business; and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ii. Pass such an Order directing the Respondents to consider Petitioner No.2 as the Legal guardian of the Petitioner No.1 and represent Krishan Kumar Kathuria before all persons, authorities, bodies, sign wherever required as guardian of Krishan Kumar Kathuria including for discharging any person/authority/body/from duty/obligation/liability owed to Krishan Kumar Kathuria; and iii. Allow petitioner no.2 to operate bank accounts of the petitioner no.1, utilize the money for proper upkeep and for fulfilling the needs of Petitioner no.1 Mr. Krishan Kumar Kathuria, also allow to take possession and charge of all properties movable or immovable to Krishan Kumar Kathuria, act in law to protect interest of Krishan Kumar Kathuria, allow petitioner no.2 to sign all deeds, documents, cheques as guardian of Krishan Kumar Kathuria; and iv. Pass such other /further orders in favor of the petitioner as this Hon'ble Court may deem fit and proper in the interest of justice."

2.

This Court on 01.06.2023 issued notice in the writ petition and directed the Respondent/GNCTD to constitute a Medical Board to look into the medical condition of the Petitioner. The Medical Board was constituted and two doctors, namely, Dr. Sumit Singla, Professor, Medicine, Lok Nayak Hospital, GNCTD and Dr. Akhil, Assistant Professor, Neurology, GB Pant Hospital, GNCTD examined the Petitioner and following report has been submitted to this Court:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

In view of the condition of the Petitioner, this Court is inclined to allow the present writ petition in terms of Prayer Nos.(i), (ii) and (iii) as sought in the writ petition.

4.

Resultantly, the writ petition is allowed in terms of Prayer Nos.(i), (ii) and (iii), along with pending application(s), if any. 5.

Learned Counsel for Respondent No.6 submits that this Order cannot not be taken as a carte blanche by the Petitioner and his brother to fritter away the properties and that because of this Order, the Respondent No.6 should not be left remediless.

6.

It is always open for the Respondent No.6 to take recourse to all remedies as may be available to him in accordance with law. 7.

It is made clear that this Order has been passed only on the basis of the medical opinion given by Medical Board constituted on the directions of this Court.

SUBRAMONIUM PRASAD, J JANUARY 11, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.