:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION AND AND AND IN ITS GENERAL AND INHERENT JURISDICTION IN ITS GENERAL AND INHERENT JURISDICTION IN ITS GENERAL AND INHERENT JURISDICTION GUARDIANSHIP PETITION NO.137 OF 2007 GUARDIANSHIP PETITION NO.137 OF 2007 GUARDIANSHIP PETITION NO.137 OF 2007 In the matter of Guardian & Wards Act, VIII of 1890 And In the matter of the appointment of guardian of the minors i.e. Mast. Moin Retiwala. Yasmeen Retiwala ..Petitioner. Mr.S.K.Dubey for the Petitioner. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 16TH JANUARY, 2008 DATED : 16TH JANUARY, 2008 DATED : 16TH JANUARY, 2008 P.C. : P.C. : P.C. : The Petitioner seeks a declaration that she is the legal guardian of her minor son and that she can be legally treated as the guardian of the minor with all powers. 2. The Petitioner has also sought the leave of this Court to mortgage a shop with the Centurian Bank of Punjab, Kandivali Branch and that the bank shall be at absolute liberty to dispose of the shop in case the loan is not paid. 3. The notice under Section 11 of the Guardian And Wards Act, 1890 has been issued. The father of the minor is also present in Court. :2: 4. It stated that the sole purpose of this application is to enable a mortgage to be created in favour of the said bank. The mortgage is required in respect of a loan that the Petitioner seeks to avail of for acquiring the undivided half share of her sister-in-law and her sister-in-law’s son. It is stated that the sister-in-law and her son have released all their rights in favour of the Petitioner and her husband. 5. In other words, in respect of the said shop the Petitioner will have a 50% share, the minor will have a 25% share and the father of the minor will have the 25% share. 6. It further appears that loans had earlier been taken from third parties to pay an amount of Rs.41,00,000/- to the Petitioner’s sister-in-law and her son. With the loan from the bank, these private loans intend to be paid. 7. In other words, it is clear that the loan is availed of only for the benefit of the minor’s parents. :3: 8. In the circumstances, the petition is disposed of with the following terms :- i) The Petitioner is appointed as the guardian of the minor only for the purpose of creation of the mortgage. The mortgage shall be created only on the terms and conditions contained in the sanction letter dated 17.7.2007 (Exhibit "F" to the petition). ii) All costs/charges/expenses of any and every kind in respect of the mortgage shall be to the account of the minor’s parents. The minor shall not be responsible for the same or any part thereof. iii) Further, in the event of the property being sold by the bank for any reason whatsoever, the leave of this Court shall first be taken by way of an application in this petition itself. iv) The Petitioner and her husband further agree and undertake that in the event of the shop being sold upon the leave of this Court, the excess amount shall first be :4: paid/appropriated towards the minor’s share. 9. The petition is disposed of accordingly.