SUREKHA Vs. AXIS BANK

JUDGEMENT

(1.) The petitioner is seeking issuance of a writ in the nature of mandamus to declare herself as the guardian of Rohit Kumar, who is her son and is presently stated to be in a vegetative/comatose state.

(2.) It is submitted that Rohit Kumar had taken a gold loan after pledging certain gold articles. Later, he met with an accident and sustained serious injuries to his head, which left him in a vegetative state, unable to perform normal functions which is evident from the medical reports at Annexure P-4. Learned Counsel has sought a writ to be issued in the nature of mandamus declaring the petitioner, who is the mother of Rohit Kumar as his guardian, in order to enable her to operate the loan account of Rohit Kumar. Counsel relies upon the judgment of the Division Bench of the Bombay High Court in the case of Philomena Leo Lobo versus Union of India and others, 2017 SCC (Online) Bom 8836 in support of his submission that this Court is empowered by virtue of Article 226 of the Constitution to declare the petitioner as the guardian of her adult son who is in a vegetative/comatose state.

(3.) Whereas, learned counsel for respondents No.1 to 3 (Bank) submitted that Rohit Kumar, who is the son of the petitioner, had availed a gold loan from the respondent-Bank after pledging the gold ornaments. The borrower did not maintain financial discipline in respect of the loan account and, therefore, notice was issued on 27/11/2024 calling upon him to pay the outstanding amount of Rs.4,25,890.00 on or before 29/12/2024, failing which the Bank would auction the gold ornaments. Now an amount of Rs.4,00,000.00 had been deposited in the loan account by the petitioner and balance amount of Rs.25,890.00 is payable against the loan account. The petitioner had moved a representation seeking release of the pledged articles in her favour on account of her son's incapacity. To safeguard itself from legal issues, the Bank had asked the petitioner to secure a court order declaring her as the legal guardian of Rohit Kumar. He further submitted that in the event of this Court appointing the petitioner as guardian, the petitioner be directed to deposit the outstanding amount along with interest and other charges to enable the respondent-Bank to release the pledged gold ornaments.