High Court appoints Senior Advocate Nitin Thakker as the Guardian of an Advocate who is in a Debilitated State [Read Order]

On 13^th August 2020 a suit was filed by a Senior Advocate Nitin Thakker and an Advocate in the Bombay High Court, comprising of Justice G.S. Patel; stating  that earlier for several years they had been working with a 87- year old Solicitor and Advocate Kirit Damania. It was alleged that under Section- 151 of the Civil Procedure Code, the Court made Kirit Damania lawful guardian as well as the owner of the assets of an Octogenarian( a person who is between the age group of 80 and 89 years old).

On 25^th July 2020 the octogenarian that is Mr. Kirit Damania was hospitalized in the ICU at H N Reliance Foundation Hospital and presently is in a debilitated state. Now, he is bedridden and incapable of making valid decisions. Though he is conscious, he cannot recognize anyone. He also not issued Power of Attorney.

It was argued by the counsel of the two plaintiffs represented by Senior Advocate Sharan Jagtiani that the bills of the hospital in which he is admitted are exorbitant almost one lakh per day. The bills are paid through the credit cards od Mr. Damania and partly by his friends and well-wishers.

Mr. Kirit is not in a cogent state and so he incapable of handling his assets or his routine work. The contention of the plaintiff is that he is in an incapacitated situation and so a guardian shall be appointed to manage his affairs and the bank accounts.

Justice G.S. Patel opined that Mr. Damania is neither mentally unsound nor a minor. He has no family. As per the laws on Guardianship, his situation does not fall within the ambit of the provisions of the Hindu Minority and Guardianship, Act. But, this does not mean that the Court will adopt a callous attitude towards his condition.

The Court said that, ‘ the present case falls only partly within the provisions of Order 32-A (2) (c) of the Civil Procedure Code. However, as per the gravity of the situation of Mr. Damania, the Court appointed Senior Advocate Nitin Thakker as the lawful guardian of Mr. Kirit Damania.

Read Order @Latestlaws.com