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Bombay High Court
Mahinder Hotchand Menghrajani vs A on 7 March, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
1-MP(L)-36502-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
MISCELLANEOUS PETITION (L) NO. 36502 OF 2025
MAHINDER HOTCHAND MENGHRAJANI )
AND ANOTHER )...PETITIONERS
Ms.Sahana Manjesh a/w. Ms.Mugdha, Advocate for the Petitioners.
CORAM : ABHAY AHUJA, J.
DATE : 7th MARCH 2026
P.C. :
1. Pursuant to order dated 17th January 2026, today this matter has
been listed in the Mini Conference Room at 3.00 p.m. for considering
the report in respect of Mr.Avinash Lacchman Menghrajani ("ALM") and
Ms.Seema Lacchman Menghrajani ('SLM") by the Medical Board that
was directed by this Court to be constituted by the Dean of Byramjee
Jeejeebhoy (B.J.) Medical College and Sassoon General Hospital, Pune.
2. When the matter is called out, the learned Court Associate has
furnished a copy of two reports each dated 6 th February 2026, one in
respect of ALM and the other in respect of SLM with the following
conclusions :
ARTI
VILAS
KHATATE
1-MP(L)-36502-2025.doc
Conclusions of Medical Report of Mr.Avinash Lachhman Menghrajani :
(1) On the basis of medical history, hospital records and current
clinical examination it is concluded that patient, Mr.Avinash
Lachhman Menghrajani / Ms.Seema Lachhman Menghrajani are
suffering from Schizophrenia (ICD 11).
(2) He/She is advised to continue his/her treatment on regular basis
in consultation with his/her treating psychiatrist.
(3) He/She is unemployed and is unable to earn his/her livelihood
independently.
(4) He/She lacks mental capacity to make independent decisions
regarding his/her self-care including medical needs, personal
belongings and financial matters due to the nature and severity
of his/her illness.
3. Since the reports have been directly sent to this Bench, let copies
of the same be furnished to the Advocate for the Petitioners. Let the
Advocate for the Petitioners peruse the same after which this Court will
consider the matter on the next date.
4. Since the Petitioners, it has been submitted earlier and also noted
from the Petition, are the paternal uncle and aunt respectively of ALM
and SLM, not living close to the present residence of ALM and SLM at
Chaitanya Institute of Mental Health, Pune, this Court has put it to the
learned Counsel for the Petitioners as to how the two Petitioners would
1-MP(L)-36502-2025.doc
be able to attend to and take care of ALM and SLM who are in
Chaitanya Institute of Mental Health, Pune, on a long term basis.
5. Let an additional Affidavit in support of the Petition be filed by
the next date answering the aforesaid concerns as well as any concerns
with respect to the reports of the Medical Board dated 6 th February
2026 in respect of ALM and SLM.
6. Ms.Manjesh, learned Counsel appearing for the Petitioners,
submits that the interim order permitting the Petitioners to operate all
bank accounts in the name of ALM and SLM and to utilize the monies
for their upkeep etc. and to sign where required as guardians of ALM
and SLM is faced with a road block from the banks that since the word
'online' has not been used in the said order, no online access is being
permitted to the Petitioners.
7. Although, no clarification is required when an order authorizing
the Petitioners in the interim to operate all bank accounts in the name
of ALM and SLM has been passed, however, since a grievance has been
expressed on behalf of the Petitioners as above, this Court clarifies that
the operation of all bank accounts in the name of ALM and SLM also
refers to online operation of such accounts.
1-MP(L)-36502-2025.doc
8. List on 18th April 2026 at 10.00 a.m. in the Mini Conference
Room.
9. Let the Commissioner for taking accounts place a report before
this Court with respect to the Statement(s) of Accounts that were
directed to be filed vide paragraph 10(iv) of the order dated 23 rd
December 2025 including compliance of the same as well as
verification that the same are in accordance with the undertaking filed
before this Court in terms thereof.
10. This Court requests the presence of the Petitioners on the next
date through video conferencing and it is expected that they will attend
to the matter through the VC link provided on the cause list of this
Court.
11. Also, let by the next date objections to the Miscellaneous Petition
be removed and registered number be obtained.
(ABHAY AHUJA, J.)
