Punjab-Haryana High Court
Nikhil Jain vs State Of Haryana And Ors on 6 September, 2024
Neutral Citation No:=2024:PHHC:117170
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
239
CWP-10392-2024 (O&M)
Date of decision: 06.09.2024
Nikhil Jain ...Petitioner
VERSUS
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. Shubham Mangla, Advocate and
Ms. Anchal Goyal, Advocate for the petitioner.
Mr. Suneel Ranga, DAG Haryana.
Ms. Diksha Sharma, Advocate for respondents No. 5 and 6.
*****
VINOD S. BHARDWAJ, J. (Oral)
1. Prayer in the present petition is for appointing the petitioner as
guardian of his father Lajpat Jain for protecting his interest and to enable the
petitioner to operate the bank accounts, investments, proprietorship business,
etc. and to take decisions regarding his other movable or immovable
properties, since the said Lajpat Jain is in a comatose state since 03.10.2023.
2. The petitioner has approached this Court for appointing him as
a guardian of his father, who is in an unconscious state since 03.10.2023.
Said Lajpat Jain was carrying on business of commission agent and having
two sole proprietorship firms in the name of 'Sumerchand Lajpat Jain'
having license No.444/pai/board and 4742/kth/board in Kaithal Grain
Market, Kaithal (Haryana). The father of the petitioner is the sole proprietor
of the above said firms and the petitioner used to assist him in running the
affairs of the said business. Lajpat Jain met with a road accident on
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03.10.2023 and he was immediately taken to Fortis Hospital, Mohali where
he was diagnosed with RTA-Severe Head Injury, Post De-compressive
Craniotomy, Aki and Sepsis. On 04.10.2023, Lajpat Jain had GCS-
E1VETM3 which meant that he was not able to open his eyes and to move
his body himself. On the same day, he was operated for severe head injury in
Fortis Hospital and put on Continuous Mandatory Ventilation (CMV) mode.
The petitioner's father was discharged on 25.10.2023 with GCS E1VETM3.
Since 03.10.2023, Lajpat Jain is continuously in comatose state,
unconscious, unable to speak, move, write and sign and has been breathing
with the help of 'Tracheotomy Tube' in his throat. The discharge summary
is annexed as Annexure P-2. He has been suffering from multiple ailments
thereafter and despite being managed conservatively, it still requires a heavy
financial exposure. A sum of Rs.25 lakh has already been spent by the
petitioner on his treatment and he has already borrowed money from
different sources, including his relatives and friends, to meet the medical
expenses. It is contended that the petitioner is unable to use any of the
accounts associated with his business or any bank account of his father and
he is even not entitled do any business transaction since the firm's license is
on the name of his father. Having exhausted all his financial resources, the
petitioner is in a state of depression, despair and abandonment and
undergoing irretrievable agony, stress and suffering on account of his
father's condition. There is certain money which is lying deposited therein,
however, on account of his father being indisposed, the petitioner is not
being permitted to operate the said accounts. Apart from the petitioner,
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239 CWP-10392-2024 (O&M)
respondent No.5 and respondent No.6 (mother and sister of the petitioner)
are the only Class-1 legal heirs of Lajpat Jain and their affidavits are
attached with the present petition as Annexures P-4 and P-5 respectively.
3. Details of the immovable and movable properties of the father
of the petitioner are as under:
" IMMOVABLE PROPERTIES
Sr. Size of Property Address
No.
1. Shop- 94.44 square yards Shop No.77A, New Anaj
Mandi, Kaithal, Haryana.
2. House- 200 square yards H. No.288, Model Town, Jind
Road, Kaithal, Haryana.
3. Plot- 510 square yards Near warehouse Kaithal,
Haryana.
4. 5% share in Agriculture Chandana village district-
land- khewat no.61, Kaithal, Haryana.
khatoni no. 72, murba no.
182, killa no.1, 2, 3/2, 8/1,
9/1, 10/1
MOVABLE PROPERTIES
S. Description of Property
No.
1. Firm Acc- HDFC
Acc No. 50200056268012
Name- Sumer Chand Lajpat Rai Jain
Branch- HDFC Bank, Jind Road Kaithal, Haryana
136027
2. Personal Acc- HDFC
Acc No.- 50100270748936
Name- Lajpat Jain
Branch- HDFC Bank, Jind Road Kaithal, Haryana
136027
4. The father of the petitioner is complainant and plaintiff in the
following cases:
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3. Civil suit for recovery CS No.224 of 2023
4. Civil suit for recovery CS No.81 of 2023
5. Civil suit for recovery CS no. 617 of 2023 ... ".
5. Learned counsel for the petitioner contends that the petitioner
has exhausted all of the family's resources in meeting out the financial
burden and medical expenditure for the treatment of his father and that he
may be permitted to operate the said bank accounts to augment their
financial resources for continuing the treatment of his father.
6. Notice in the present petition was issued. No one, however, has
filed any objection(s) on behalf of General Public despite publication in the
newspaper. The respondent-General Public was thus ordered to be
proceeded against ex parte. Learned counsel for respondents No.5 and 6
expressed their no objection to the petition being allowed.
7. A report had also been called from the Civil Surgeon, Kaithal.
A Medical Board was constituted by the Civil Surgeon, Kaithal comprising
of Dr. Rajiv Mittal (ASMO), Dr. Sachin Mandlay, SMO and Dr. R.D.
Chawla, Consultant General and the said Lajpat Jain has been reported to be
in unconscious state with GCS score of E1VTM3, The Ryle's tube, foley's
catheter and tracheostomy tube are still inserted for feeding, urination and
ventilation purpose and he is unable to speak, walk and recognize any
person. The medical report (Annexure R-1) is attached with the reply dated
10.07.2024.
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8. Taking into consideration the totality of the circumstances and
larger interest of justice and also noticing that there is no other claimant to
dispute the status of the petitioner and/or his entitlement to operate the
account of Lajpat Jain, the present petition is allowed. Resultantly, Mr.
Nikhil Jain, petitioner-son of Lajpat Jain is hereby appointed as his guardian
and is authorised to operate his savings/current bank accounts and to
represent the firm as well as his father, in all the cases and to deal with the
properties of the firm, the details of which have already been extracted in the
preceding part of the judgment, subject to any other order that may have
been passed by any Court of competent jurisdiction restraining operations of
the said accounts or property.
9. Petition stands allowed accordingly.
(VINOD S. BHARDWAJ)
06.09.2024 JUDGE
Mangal Singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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