IMPORTANT POINT
The central legal point established in the judgment is the recognition of the rights of persons with disabilities to access financial credit, control their financial affairs, and the provision for limited guardianship under the Rights of Persons with Disabilities Act, 2016.

JUDGMENT :

The petitioner is the wife of Sri. Mohan V., who is a highly successful entrepreneur. But, destiny has thrown the petitioner into a financial and legal imbroglio which she never expected to be in and which she was not prepared to face. Financial disarray and legal disorder have forced the petitioner to approach this Court invoking writ jurisdiction.

2. The petitioner’s husband was a highly successful businessman who with his multitasking capabilities, endured in several major business projects across the country. Successful as he was, the petitioner’s husband had several fixed assets including landed properties in Kerala, Karnataka and Tamil Nadu. His “Lakshmi Engineering Works” in Gulbarga is engaged in undertaking major mechanical engineering contracts of paper mills, power plants, chemical plants, etc.

3. While things were moving smoothly, misfortune hit the family from nowhere, like a thunderbolt. The petitioner's husband physically collapsed in the month of March, 2021. He was rushed to Rajagiri Hospital, Aluva on 09.03.2021. The MRI Brain Scan suggested Lipoma and Histopathological correlation. The petitioner's husband was hence shifted to Lakeshore Hospital, Kochi on 24.05.2023. The petitioner’s husband had memory disturbance and visual hallucination.

4. In the Lakeshore Hospital, the petitioner's husband underwent navigation guided bifrontal craniotomy and right planum sphenoidale meningioma, on 02.06.2022. Following the said brain surgery, the petitioner's husband went into a 'comatose' state. The petitioner's husband is now lying in a vegetable condition. The husband of the petitioner continued as an inpatient in the Lakeshore Hospital till 29.06.2022. As there was no progress, the Hospital authorities discharged the petitioner's husband from the Hospital. The petitioner's husband is now lying in a comatose stage under the care and protection of the petitioner and her children.

5. While the petitioner's husband was agile, he had availed a loan of Rs.57,56,504/-for purchase of a land and a loan of Rs.1,05,00,000/-for the construction of a commercial building in the property. The loans were sanctioned during 2019-2021. The petitioner's husband had been paying pre-EMIs and EMIs without any default till he was totally bedridden due to cerebral issues.

6. The petitioner and other legal heirs of the husband filed W.P.(C) No.27904/2022 for the purpose of appointing a guardian. By Ext.P4 judgment, this Court directed the petitioners therein to submit application before the jurisdictional Sub Divisional Magistrate seeking grant of limited guardianship to one among the petitioners to deal with Bank accounts.

7. The petitioner states that utilising the loan availed, a commercial building was constructed by her husband and 99% of the construction was completed. What is remaining now is only the commissioning of lifts of the building. To the predicament of the petitioner, the Bank issued Ext.P5 Section 13(2) notice to the husband of the petitioner and other guarantors. The petitioner therefore requested the Bank to give a short term moratorium to enable the petitioner to raise funds and clear the loan account. The respondents have not taken a pragmatic approach and are going ahead with the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

8. The petitioner states that all the landed assets belonging to the family are in the name of her husband and after disposing a part of the assets, the petitioner can clear the dues to the Bank. The petitioner seeks permission to dispose of any of the properties of her husband so as to clear the debts towards the Bank. For this purpose, the petitioner seeks to command the respondents to give a moratorium for repayment of loan for a minimum period of eight months and also seeks to reschedule the loan accounts forthwith.

9. I have heard the learned counsel for the petitioner, the learned Senior Government Pleader represen