Bombay High Court
Rushil Sameer ChachadversusSameer Purnand Chachad
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that upon attaining majority, the applicant is entitled to the fixed deposit and ordered its release.
Summary
The petitioner, Sameer Purnanand Chachad, filed a miscellaneous petition seeking the release of a fixed deposit and any accrued interest held by the High Court of Bombay in favor of his son, Rushil Sameer Chachad, who attained the age of majority on 21 April 2026. Earlier, a coordinate bench had appointed the petitioner as guardian of Rushil and his sister under the Guardians and Wards Act, 1890, and the amounts were deposited with the court. Upon submission of joint affidavits and the applicant’s birth certificate, the court examined the evidence and the request for release. The court held that, having attained majority, the applicant is entitled to the funds that were held in trust for him. Consequently, the court ordered the Accounts Officer to hand over the fixed deposit of Rs. 6,56,192 to Rushil and to issue a certified copy of the order.
Issues considered
- Whether a minor who has attained majority can claim a fixed deposit held by the court as guardian.
- Whether the court should release the funds and interest to the now adult applicant.
Legislation cited
- Guardians and Wards Act, 1890 — s. 27, 7
Subjects
- Guardianship
- Majority
- Fixed Deposit
- High Court of Bombay
- Miscellaneous Petition
- Release of Funds
Judgment
11 - JO-66-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
JUDGES ORDER NO. 66 OF 2026
IN
MISCELLANEOUS PETITION NO. 6 OF 2014
Sameer Purnanand Chachad )
Aged 52 years, a Hindu, Indian )
Inhabitant of Bombay, residing )
at B - 806, Ekta Bhoomi )
Gardens 3, Dattapada, Borivali )
(East), Mumbai - 400 066. )................................………………….Petitioner
AND
Rushil Sameer Chachad )
Aged 18 years, Occ.: Student )
Hindu Indian Inhabitant of )
Mumbai, residing at B-806 )
Ekta Bhoomi Gardens 3, )
Dattapada, Borivali (East) )
Mumbai - 400 066, ).................................………………….Applicant
_______
Ms. Jyoti Badgujar, Advocate i/by Lakdawala and Company ,for the Petitioner.
_______
CORAM: AARTI SATHE, J.
DATE: 28th AUGUST 2026.
P.C.
1. This Judges Order has been filed in Miscellaneous Petition No. 6 of 2014
wherein it has been prayed that the Accounts Officer of High Court, Bombay hand
over the cash if any, along with Fixed Deposit receipts with the interest if any, in favor
of the Applicant, considering that the Applicant, Master Rushil Sameer Chachad, who
was born on 21 April 2008, has completed the age of 18 years as on 21 April 2026. The
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Bharati
11 - JO-66-2026.DOC
birth certificate issued by the MCGM is annexed at Exhibit - B evidencing date of birth
of the Applicant, Mr. Rushil Sameer Chachad.
2. A Co-ordinate Bench of this Court in Petition filed under section 7 and 27
of the Guardians and Wards Act, 1890, had passed an order dated 22 July 2014
wherein the father of the Applicant, Mr. Sameer Purnanand Chachad was appointed as
the guardian of the Master Rushil and his sister Harshita Sameer Chachad and amounts
as directed therein have been deposited in this Court.
3. In view of the majority attained by the Applicant, Master Rushil Sandeep
Chachad, this Judges Order needs to be obtained. I, therefore, pass the following order:-
Upon perusing the joint affidavits of Sameer Purnanand Chachad, the petitioner, and
Rushil Sameer Chachad, the applicant abovenamed, solemnly affirmed on 20th dayof
july 2026, and upon perusing exhibits thereto and upon hearing mr. S. U. Lakdawala,
Advocate for the Petitioner and Applicant, I direct that the Accounts Officer, High
Court Bombay to hand over Fixed Deposit in State Bank of India, Mumbai Main
Branch, Mumbai for an amount of Rs. 6,56,192/- (Rupees Six Lakhs Fifty-Six
Thousand One Hundred and Ninety-Two only) to Rushil Sameer Chachad, the
Applicant as per Certificate of Balance bearing A Serial No. 4842, Cause No. 15565,
dated 29-06-2026, Ledger No. 63 issued by the Accounts Officer, High Court,
Bombay and that the Certified Copy of this order be issued expditiously.
(AARTI SATHE, J.)
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