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2019 Supreme(Bom) 2468

K.K.TATED
Dynacraft Machine Co. Ltd. – Appellant
Versus
Vinod Shenoy – Respondent


Advocates Appeared:
Navroz Seervai, Advocate, Prateek Seksaria, Advocate, Saket Mone, Advocate, Suneet Tyagi, Advocate, Jayashree Ramchandran, Advocate, Sandeep Patil, Advocate, Vishesh Kalra, Advocate, Vishal Dushing, Advocate, Kunal Bhanage, Advocate, Raghavan Sarathy, Advocate, Akhil Sarathy, Advocate, Indrajeet Suryawanshi, Advocate, Nikhil Waje, Advocate, Modini M, Advocate, Apurva S, Advocate

JUDGMENT

K.K.Tated, J. - Heard. By consent of both the parties and as per order dated 12.07.2019, the matter is taken on board for final hearing. The Registry has called R & P, which is duly received.

    2. By this First Appeal the Appellant is challenging the oral order dated 10.04.2015 passed by the Bombay City Civil Court at Mumbai in Mental Health Petition No.4/2015 (hereinafter referred to as the "said petition") in the matter of appointment of guardian u/s.53 of the Mental Health Act 1987 (hereinafter referred to as the said Act) allowing the application filed by the Respondent - original Petitioner and appointed him as a guardian of Ms.Jessica Iqbal Lukmani (Jessica Shenoy) (hereinafter referred to as Ms.Jessica) to take care of her, under the provisions of the said Act.

      3. The First Appeal is filed by the Appellant - third party being aggrieved by the impugned order dated 10.04.2015.

        4. The Appellant had filed Civil Application No.1042/2017 for leave to appeal against the impugned order which was allowed by this court by order dated 13.04.2017.

          5. The Appellant had also filed Civil Application No.1297/2017 for an order of stay to the effect, operation and implementation of the


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