1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TRUST PETITION NO.3 OF 2010 CENTBANK FINANCIAL SERVICES LTD. & Ors. ...Petitioners Mr. Manek Kalyaniwalla a/w. Mr. Agnel Carneiro and Mrs. Meenakshi Dhanuka Rungta, Advocates for the Petitioners CORAM : SMT. ROSHAN DALVI, J. DATED : 7 TH APRIL, 2010 P.C. : 1. The Petitioner No.1 is appointed Executor and Trustee in respect of a Settlement called N.M. Balsara Trust. The initial beneficiary having a life interest is one M.N. Balsara, who is the son of the Settlor. After his death, if he dies without having issues, the Settlement is made in favour of Petitioners 2 and 3 who are the 2 daughters of the Settlor. 2. The settlement is in respect of the dividend and interest received from certain investments of the Settlor to be credited to and paid in the account of N.M.Balsara. A Savings Bank Account No.1721355866 has been opened in Central Bank of India in which the Trust income is credited from time to 2 time. The said N.M. Balsara is entitled to utilize that income during his life time. 3. He is 74 years old. He is ill and hospitalized. The Petitioners have produced a certificate of his Consultant Physician which shows that he would be immobilized for an indefinite period and would require care. 4. He is stated to be in the ICU in the hospital. The certificate of the General Manager of the Hospital showing the expenses already incurred for his hospitalization and the expenses likely to be incurred in future. is obtained. 5. The Petitioners expect the hospital expenses to be approximately of Rs.10 lakhs as shown in the Petition. 6. The Petitioners 2 and 3, who are the ultimate beneficiaries, require an additional amount of the corpus to be paid over for the hospitalization expenses of their brother. 7. It is stated that the corpus at present is Rs.26 lakhs. The Savings Bank Account is shown to have been depleted to Rs.24,805.90. The unpaid hospital bill is Rs.23,299/-. Further amounts will be required for the hospitalization and after discharge care of the patient who is the brother of the Petitioners 2 and 3. 8. The reliefs claimed are bonafide. Notice is, therefore, dispensed with. The Petition is made returnable forthwith. 3 9. Relief is granted in terms of prayer clause (a). 10.The relief is also granted in terms of prayer clause (b), but subject to the Petitioners 2 and 3 producing before the Court all the documentary evidence contained in the hospitalization bills, bills for purchase of medicines and other treatments and the Bank Account duly maintained showing the expenses incurred. 11.The costs of this Petition fixed at Rs.5000/- shall also be paid from the corpus of the Trust. 12.The Trust Petition is disposed off accordingly. 13.The Certificate of the hospital including the hospital bill showing further charges and the certificate of the Consultant Physician of the patient are taken on record. (SMT. ROSHAN DALVI, J.)