SANIA RAVI CHAWLA Vs. DAIWIK RAVI CHAWLA

JUDGEMENT

(1.) The Petitioner has sought dispensation of issuance of Notice under Sec. 11 of the Guardians and Wards Act , (Act VIII of 1890). Further, relief is sought for granting permission to the Petitioner being mother of Master Divji Ravi Chawla (the said minor) to mortgage the said Oberoi flat along with said Oberoi shares which includes 12.5% undivided right, title and interest of the said minor in the said Oberoi flat described in prayer Clause (b) of the Miscellaneous Petition along with undivided share in the said Oberoi shares also described in prayer Clause (b) of the Miscellaneous Petition.

(2.) The Petitioner has stated that the application for mortgage of the said Oberoi flat and said Oberoi shares is in view of the Petitioner's elder son Daiwik Ravi Chawla having got admission for the course namely DAN Management and Organizational studies in the field of Finance with the Western University, Canada. Mr. Daiwik Ravi Chawla has to report there on 29/8/2023 as the academic year will start from 1/9/2023.

(3.) The Petitioner has filed the present Petition being natural guardian of the said minor. The Petitioner has stated that she is availing a student loan of Rs.1,50,00,000.00 by executing and registering the Mortgage Deed / Loan Agreement / Application and other necessary documents and declaration in respect of the Petitioner's share along with the share of the minor in the said Oberoi Flat along with Oberoi Shares in favour of the Bank of Baroda, Khar West Branch ("said Bank") and to do all acts in the interest of securing the future of the said minor. The Petitioner has submitted that as per the procedure of the said Bank the loan amount will be disbursed directly to the University by the said Bank on every date of installments fixed as per the fee schedule given by the said University and accordingly the first installment of the fees is due on 1/8/2023. The printout of the summary of the cost and installment due issued by the said University is annexed at Exhibit K to the Miscellaneous Petition.