1 mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO. 3671 OF 2009 IN FIRST APPEAL NO. 1790 OF 2007 MAST. RONAK SUNIL MURARKA Through Next Friend Vinod S. Murarka & ORS. .. APPELLANTS Vs. THE NEW INDIA ASSURANCE CO.LTD. & ANR. RESPONDENTS Mr. M. B. Kotak for the appellant Mr. Dilip Mahadik for respondents CORAM: SMT. RANJANA DESAI & SMT R.P. SONDURBALDOTA, JJ. DATED: 25th January, 2010 P.C. This civil application is filed praying that the name of 2nd petitioner Girdharlal S. Murarka be deleted and order dated 22/4/08 be modified to the extent that quarterly payments be made to Vinod Girdharlal Murarka as he is the next friend of Master Ronak Murarka. 2 2. By order dated 22/4/08, we had directed that out of the total interest amount of the amount invested, an amount of Rs.30,000/- be paid to applicants 2 and 3 i.e. Girdharlal Murarka and Smt. Geetadevi Girdharlal Murarka as guardian of Master Ronak Sunil Murarka after every three months. This was obviously intended to ensure that an amount of Rs.10,000/- per month is available to take care of Master Ronak Murarka. We are informed that Girdharlal Murarka, who was the grandfather of Ronak Murarka is dead. Smt. Geetadevi Girdharlal Murarka is aged and stated to be very ill. 3. Vinod Girdharlal Murarka is the uncle of Master Ronak Murarka i.e. to say he is the brother of Sunil Murarka, the deceased father of Master Ronak. It is, therefore, prayed that instead of money being given to Girdharlal Murarka and Smt. Geetadevi Girdharlal Murarka, this court should order that the amount of Rs.10,000/- per month be given to Vinod Girdharlal Murarka. Vinod Girdharlal Murarka is present in the court. He states that if the amount is paid to him he shall utilize it only for the welfare of Mr. Ronak Murarka. His statement is accepted. 4. In view of this, we modify our order dated 22/4/08. We direct that quarterly amount of Rs.30,000/- be paid to Vinod Girdharlal Murarka 3 instead of Girdharlal Murarka and Smt. Geetadevi Girdharlal Murarka, as ordered earlier. It may be credited to the Jan Kalyan Sahakari Bank Ltd., Andheri (East), Sahar Village Branch, Mumbai, where Master Ronak Murarka and Vinod Girdharlal Murarka have a joint account. 5. We are informed that as of today Master Ronak Murarka is 15 years of age. Office is, therefore, directed to ensure that the rest of the amount remains invested for another period of seven years so that the amount is available to Master Ronak Murarka after he attains 21 years of age. Master Ronak Murarka can then make an application that that money be paid to him and at that time appropriate orders can be passed by this court. Needless to say that, if the appeal is disposed of the said amount will abide by the final orders that may be passed in the appeal. 6. Application is disposed of in the aforestated terms. (SMT. RANJANA DESAI, J.) (SMT. R. P. SONDURBALDOTA, J.)