Nimesh Narhar Khadilkar v. Bhavana Vishwanath Date
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION. 8 OF 2026 Nimesh Narhar Khadilkar & Anr. .... Petitoners Ms. Srija Singh i/b Alathea Law LLP, Advocate for Petitioners. Before : Mrs. Shonali K. Dighe Commissioner for Taking Accounts Date : 8th June, 2026 FOR DIRECTIONS :
1 Pursuant to the Order dated 30th April, 2026 passed by the Hon'ble Court, the Petitioners were appointed as the Guardians of Ms. Bhavana Vishwanath Date and the Managers of the properties of Ms. Bhavana Vishwanath Date. The relevant portion of the said Order is reproduced hereinbelow:
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8. It is not in doubt from the submissions and the elucidation of judgments by the learned Counsel that Schizophrenia is a mental illness and mental illness can be characterized as lunacy. Under Clause XVII of the Letters Patent, this Court can exercise jurisdiction on the person and estate of a lunatic. The Petitioners are well meaning cousins, who have already spent over Rs.4,00,000/- in Bhavana's treatment and care and therefore, I am inclined to appoint them as Co-Guardians of the person and property of Bhavana in terms of prayer clause 17(a) to (c) which read thus which I hereby do : "(a) This Hon'ble Court be pleased to appoint the Petitioners, ...2
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acting jointly and/or severally, as the Guardians of the Ms. Bhavana Vishwanath Date and the Managers of the properties of Ms. Bhavana Vishwanath Date;
(b) This Hon'ble Court be pleased to declare that as the guardians of Ms. Bhavana Vishwanath Date, the Petitioners, acting jointly and/or severally, are authorized to do all acts, deeds and things for the proper medical treatment, nursing care, welfare and benefit of Ms. Bhavana Vishwanath Date; (c) This Hon'ble Court be pleased to declare that as managers of Ms. Bhavana Vishwanath Date, the Petitioners, acting jointly and/or severally, are authorized to take all sch decisions necessary and incidental for the welfare and benefit of Ms. Bhavana Vishwanath Date, and maintenance of her property and assets, including to deal with the properties set out as Exhibit-"I" hereto, and to utilize the proceeds thereof solely for the benefit and upkeep of Ms. Bhavana Vishwanath Date, including the power to:
(i) operate all bank accounts, PPF account, and locker in the name of Ms. Bhavana Vishwanath Date;
(ii) deal with shares, bonds, debentures, mutual funds and insurance and other securities in the name of Ms. Bhavana Vishwanath Date;
(iii) deal retirement processes in her office and to deal with post retirement funds like Provident Fund, Gratuity Fund, and others if any.
(iv) take possession and charge of all moveable and immovable properties of Ms. Bhavana Vishwanath Date;
(v) manage, sell, transfer or otherwise deal with Ms. Bhavana Vishwanath Date's properties;
(vi) invest the monies of Ms. Bhavana Vishwanath Date; (vii) utilize the monies of Ms. Bhavana Vishwanath Date for her proper upkeep and for fulfilling her needs and requirements; (viii) represent Ms. Bhavana Vishwanath Date before all persons, authorities, civic bodies;
(ix) sign where required as the guardian(s) of Ms. Bhavana Vishwanath Date;
(x) sign all deeds, documents, cheques and instruments as guardian(s) of Ms. Bhavana Vishwanath Date; and (xi) file returns, etc., before the tax authorities;
9. The aforesaid appointment is subject to the undertaking to be filed within a period of one week, as per the format annexed to this order inter alia to do all acts, deeds and things necessary for Bhavana's proper treatment, nursing care, upkeep, welfare and benefit as well as to utilize all the monies and estates of Bhavana for her proper treatment, nursing care, upkeep, welfare, benefit and fulfilling her needs and requirements and ...3
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also to furnish Statement of Accounts to the Commissioner for taking Accounts setting out the details of income and expenditure on a quarterly basis and to remain present in Court as and when called.
10. The Petition accordingly stands allowed and disposed as above."
2. Accordingly, the Petitioners filed the undertaking in the format annexed to the aforesaid Order. In the said undertaking, Petitioner Nos. 1 and 2 inter alia undertook as under:
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8. I undertake to submit an update of the inventory of all of Bhavan's properrty within a period of one month and then at regular quarterly intervals to the Commissioner for Taking Accounts.
9. I undertake to file accounts in the office of the Commissioner for Taking Accounts of this Hon'ble Court once every three months by the 10th of third month.
10. I undertake to get my accounts passed by the Commissioner for Taking Accounts of this Hon,ble Court."
3. The Petitioners, being the duly appointed Guardians and Managers of the person and properties of Ms. Bhavana Vishwanath Date, are directed to strictly comply with the undertakings furnished before Hon'ble Court and to submit periodical Statements of Accounts, inventories and updates concerning the welfare, treatment and management of the assets and properties of Ms. Bhavana Vishwanath Date before this forum within the stipulated time.
4. The Petitioners shall maintain proper accounts of all income, expenditure, investments and dealings pertaining to the movable and immovable properties of ...4
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Ms. Bhavana Vishwanath Date and shall utilize the funds solely for her welfare, treatment, maintenance and benefit.
5. The Petitioners shall furnish all necessary information, documents and explanations as may be called for.
6. The Petitioners are further directed to submit, on or before the next date , a detailed and comprehensive inventory of all investments, movable assets and financial holdings belonging to Ms. Bhavana Vishwanath Date. The said inventory shall inter alia contain complete particulars of each investment and asset, including:
(a) the nature and description of the investment/asset; (b) the name of the bank, financial institution, company or authority where such investment is held;
(c) the account number, folio number, policy number, demat account details or any other identification particulars pertaining thereto;
(d) the date of investment/acquisition;
(e) the amount invested;
(f) the present value/current balance thereof; (g) the date of maturity, wherever applicable; (h) the maturity value and details of accruals/interest/dividend thereon;
(i) details of nominee(s), if any;
(j) particulars of all movable and immovable properties, shares, mutual funds, fixed deposits, insurance policies, provident fund accounts, gratuity amounts, pensionary benefits, all benefits to be received from the employer ...5
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(LIC of India), bonds, debentures, securities and lockers standing in the name of Ms. Bhavana Vishwanath Date; and (k) such other particulars as may be necessary for complete disclosure of the estate, assets and financial affairs of Ms. Bhavana Vishwanath Date.
7. The Petitioners shall also annex supporting documents and statements in respect of the aforesaid investments and assets along with the said inventory.
8. The Petitioners shall also provide detailed particulars of all outstanding dues, rent, maintenance charges, society charges, utility bills, taxes, liabilities, and any other amounts due and payable by Ms. Bhavana Date, together with supporting documents indicating the nature of such dues, the amount payable, the name of the concerned authority or person, and the due dates of payment.
9. In view of above matter is Adjourned to 30th June, 2026. office is directed to list the matter under caption "for Compliance."
Commissioner for Taking Accounts