Laxmi Chotelal Sargaiya v. Ms Janhavi Ajay Sargaiya And Ms Mehek A Sargaiya-Minors

Nikita Gadgil 1 of 2 63-JO-24-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION JUDGES ORDER NO. 24 OF 2020 IN GUARDIANSHIP PETITION NO. 12 OF 2015 Ms. Janhavi Ajay Sargaiya Ms. Mehek Ajay Sargaiya ...Minor children And Laxmi Chotelal Sargaiya

...Petitioner

---- None for applicant.

---- CORAM : G.S. KULKARNI, J.

DATE : 21 FEBRUARY 2020 P. C.

1.

Guardian petition no. 12/15 was filed by Laxmi Chotelal Sargaiya, paternal grand mother of Ms. Janhavi Ajay Sargaiya (born on 7 October 2000) and Ms. Mehek Ajay Sargaiya (born on 4 October 2004), who was looking after the minor children after the death of their father. The marriage of biological parents of these minors stood dissolved by an order dated 25 June 2014 passed by Family Court, Mumbai, in petition no. A-2088/10. Smt. Laxmi Chotelal Sargaiya contended in the petition that the whereabouts of the mother of the minor children was not known and she never came to see her children. The children after the demise of their biological father on 21 July 2014 was in the care and protection of the original petitioner Laxmi Chotelal Sargaiya, paternal grand mother residing at 1105, Jupitar CHS, Suncity Complex, Near Gandhinagar, Powai, Mumbai400 076. 2.

The Judges order is filed praying that minor Janhavi Ajay Sargaiya has now attained majority on 6 October 2018. Accordingly,

Nikita Gadgil 2 of 2 63-JO-24-20 Janhavi Ajay Sargaiya has approached the Account Officers for withdrawal of the amounts standing to the share of the applicant, when she was directed to make necessary application to know the exact amount to the credit of "Janhavi Ajay Sargaiya". 3.

Accordingly, a Certificate of Balance, was issued by the Accounts Officer in favour of Janhavi Ajay Sargaiya stating that the exact amount alongwith interest thereon bearing a Serial No. 4445, Cause No. 15607, Ledger No. 64 dated 28 January 2020 by way of fixed deposit receipt in Canara Bank, Tamrind Lane Branch, Fort, Mumbai is Rs. 8,48,073/-.

4.

It is accordingly prayed that the Accounts Officer be directed to hand over the said amount lying in the fixed deposit and pay the encashment value together with accretion interest to the applicant Janhavi Ajay Sargaiya.

5.

In the above circumstances, in my opinion, as Janhavi Ajay Sargaiya has now attained the majority, the amount as per the certificate of balance issued by the Account Officer, is required to come to her benefit and paid to her. Judges order is accordingly granted as separately signed.

6.

Parties to act on an authenticated copy of the order. (G.S. KULKARNI, J)