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Andalu Suresh Vennamvar vs Kinjal Arvind Vennamvar (Minor) on 20 January, 2020

psv 1 15-GP 12-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIANSHIP PETITION NO.12 OF 2019

Andalu Suresh Vennamvar … Petitioner
—–
Ms.Manju Kore for Petitioner.
—–

CORAM : G.S.KULKARNI, J.
DATE : 20th JANUARY, 2020
P.C.:

This petition was kept for compliance. On 15 November 2019 this

Court in granting prayer clauses (a) and (b) of the petition had passed the

following order:-

“5. In the above circumstances, in my opinion, it is in the
interest of justice that the prayers as made in the petition be
granted. They are accordingly granted in terms of prayer
clauses (a) and (b), which reads thus:

“a) That Notice under section 11 of the Guardian
and Wards Act VIII of 1890 may be dispensed with.

b) That the petitioner be appointed as Guardian of
the person and property of the minor abovenamed
without security and without remuneration.”

6. The petitioner shall receive the amounts from Life
Insurance Corporation payable on the above said policies
and keep the amounts so received in a Fixed Deposit to be
taken out in the minor’s name under the petitioner’s
guardianship which shall so remain in Fixed Deposit in any
nationalized bank till the minor attains majority. The
affidavit of making of a Fixed Deposit setting out the details
thereof be placed on record of this Court on the receipt of
the said amounts from the LIC.

7. LIC to act on an authenticated copy of this order.

8. Disposed of in the above terms.

9. For compliance, list this petition on 6 January 2020.”

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psv 2 15-GP 12-19.doc

2. For compliance, the matter was returnable on 6 January 2020. Despite
the clear order of this Court, LIC did not act upon the order. The amounts
were not disbursed. Thereafter on 6 January 2020 the Court passed an order
directing the LIC to disburse the amount within two weeks failing which the
competent officer of the authority was directed to remain present before this
Court on the adjourned date of hearing. The Court had accordingly passed
the following order:-

“1. Today in pursuance of the order dated 15 November
2019 passed by this court, the above petition is listed for
compliance. It is informed that the LIC has so far as not
disbursed the amount to be received for the benefit of the
minor. It is surprisingly that substantial time has been taken
by the LIC to disburse the amount.

2. The LIC is directed to disburse the amount within
two weeks from today, failing which the competent officer of
the authority is directed to remain present before this court
on next date so that the reasons can be ascertained.

3. Stand over to 20 January 2010.

4. Copy of this order be immediately served on the LIC
by the advocate of the petitioner.

5. Parties to act upon the authenticated copy of this
order.”

3. This order was communicated to the Branch Manager of the LIC, Fort,
Mumbai by a letter of the petitioner’s Advocate dated 17 January 2020. This
letter has been received by the LIC as there is an acknowledgment on the said
letter. Today the position is that neither the order is complied nor
representative of the LIC is present before the Court. It is informed by the
learned Counsel for the petitioner that hollow assurances are being made by
the LIC to comply the said order, which is causing a serious prejudice to the
interest of the minor.

4. In the above circumstances, the Court has no option but to secure
compliance of the order and the directions contained therein which is for a

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small amount of Rs.8 Lakhs, for the benefit of the minor. The LIC cannot
delay such disbursement and not comply the clear orders passed by this
Court. Accordingly, issue bailable warrant in the sum of Rs.50,000/- against
the Branch Manager, LIC Branch No.914, Fort, Mumbai, to remain present,
returnable on 27 January 2020.

5. However notwithstanding the above order, it would be open to the LIC
to make the disbursement of the amounts for the benefit of the minor as per
the orders passed by this Court and in the event there is a compliance on or
before the returnable date of the warrant, then no further steps be taken
under the warrant and the bailable warrant shall stand discharged.

6. Stand over to 27 January 2020 FOB.

7. Learned Counsel for the petitioner shall also serve a copy of this order
alongwith her letter to the Branch Manager, LIC Branch No.914, Fort,
Mumbai to be received by the Branch Manager personally.

8. Office to immediately take appropriate action.

(G.S. KULKARNI, J.)

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