Bombay High Court
Pannalal Jawatraj Sharma A Person ... vs Vipul Pannalal Sharma S/O. ... on 3 July, 2023
Bench: G.S. Patel
2023:BHC-OS:5856 Pannalal Jawatraj Sharma VS Vipul Pannalal Sharma & Ors
CHSL-920-2019-IN-S-902-2019.doc
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS (L) NO. 920 OF 2019
IN
SUIT NO. 902 OF 2019
Pannalal Jawatraj Sharma, ...Applicant
In the matter between
Pannalal Jawatraj Sharma,
A Person of unsound mind
to,
Age 78 years, Residing at Flat No. 312,
3 Royal Samrat, Cinemax Compound,
Goregaon (West), Mumbai 400 062
Through his Next Friend,
SHEPHALI
SANJAY Rajeshree Pannalal Sharma,
MORMARE
Digitally signed by
SHEPHALI
Age 68 years, Residing at Flat No. 312,
SANJAY
MORMARE
Date: 2023.07.03
3 Royal Samrat, Cinemax Compound,
17:38:34 +0530
Goregaon (West), Mumbai 400 062 ...Plaintiff
~ versus ~
1. Vipul Pannalal Sharma,
s/o Pannalal Jawatraj
Sharma,
Aged about 52 years, Indian Inhabitant
residing at A16/64, Sidharth Nagar,
Nagraj Ground, Goregaon (West),
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Pannalal Jawatraj Sharma VS Vipul Pannalal Sharma & Ors
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Mumbai 400 062
2. Manoj Pannalal Sharma,
s/o Pannalal Jawatraj
Sharma,
Aged about 50 years, Indian Inhabitant
residing at Flat No. 312, 3, Royal
Samrat, Cinemax Compound,
Goregaon (West), Mumbai 400 062
3. Bharat Pannalal Sharma,
s/o Pannalal Jawatraj
Sharma,
Aged about 48 years, Indian Inhabitant
residing at Flat No.C-503, Anmol
Tower, Off SV Road, Goregaon (West),
Mumbai 400 104
4. Pradeep Pannalal Sharma,
s/o Pannalal Jawatraj
Sharma,
Aged about 46 years, Indian Inhabitant
residing at Flat E-902, Anmol Tower
Off SV Road, Goregaon (West),
Mumbai 400 104
5. Kokilaben Dhirubai Ambani
Hospital & Medical
Research Institute,
Four Bunglows, Andheri (West) ,
Mumbai 400 053
6. Bank of India,
Shalimar Miracle, G-3, G-4, Opp. City
Centre, SV Road, Goregaon (West),
Mumbai 400 104
7. State Bank of India,
Near Chincholi Phatak,
SV Road, Malad (West),
Mumbai 400 064
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Pannalal Jawatraj Sharma VS Vipul Pannalal Sharma & Ors
CHSL-920-2019-IN-S-902-2019.doc
8. Indusind Bank,
Depository Department,
Pna House, Plot No. 57 & 57/1,
4th Floor, Street No. 17, MIDC,
Andheri (East), Mumbai 400 093 ...Defendants
A PPEARANCES
for the applicant/ Mr Akanksha Mishra, with Avani
plaintiff Rathore, i/b Solicis Lex.
for defendants nos. Mr Dharam Jumani, i/b Ashok
1 and 3 Purohit & Co.
for defendant no. 2 Mr Rushabh Parekh, i/b KR Parekh
& Co.
for defendant no. 4 Mr Munaf Virjee & Akash Agarwal,
i/b ABH Law LLP.
for defendant no. 8 Mr Bhavesh Wadhwani, with Aavish
Shetty, i/b MV Kini & Co.
CORAM : G.S.Patel, J.
DATED : 3rd July 2023
PC.:
1. The Chamber Summons was filed under Order XXXII Rule
15 of the Code of Civil Procedure 1908 ("CPC"). It sought an
appointment of one Rajeshree Pannalal Sharma ("Rajeshree") as
the next friend and guardian ad litem of Pannalal Sharma
("Pannalal") on the footing that Pannalal was incapable of
attending to his affairs. Affidavits in Support of the Chamber
Summons said that Pannalal Sharma, the original Plaintiff, was
3rd July 2023
Pannalal Jawatraj Sharma VS Vipul Pannalal Sharma & Ors
CHSL-920-2019-IN-S-902-2019.doc
diagnosed with Alzheimers in 2016. His condition worsened over
time. Reports annexed to the Chamber Summons were cited to
show that when Pannalal underwent tests, the results were below
the standard parameters of cognitive ability.
2. The Chamber Summons was opposed including inter alia by
the 2nd Defendant, Manoj Pannalal Sharma. He contested the
assertions in the Chamber Summons on various grounds and
specifically asserted that Pannalal was perfectly capable of managing
his affairs from 2016 (until very recently).
3. I heard Mr Jagtiani, Senior Advocate for the Applicant in
support and Mr Madon for the Respondents.
4. Before the judgment could be delivered, it seems that
Pannalal passed away on 4th April 2022. The death certificate is
taken on record and marked "X" for identification with today's
date. The Chamber Summons itself filed by Rajeshree, therefore,
does not survive. It is disposed of on this basis.
5. Obviously, the matter cannot be retained before me. It is to be
placed before the regular Bench as per the roster assignment.
(G. S. Patel, J)
3rd July 2023
