Karnataka High Court
Dr. Somanna M.S vs M/S. Hosmat Hospital on 27 April, 2016
Author: A.N.Venugopala Gowda
Bench: A.N.Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF APRIL, 2016
BEFORE
THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA
REGULAR FIRST APPEAL NO.1501/2015
BETWEEN:
Dr. SOMANNA M.S.,
ASSOCIATE CONSULTANT
ORTHOPEDIC SURGEON,
AGED ABOUT 35 YEARS,
R/AT B-7, GAURAV ENCLAVE,
KHB ROAD, SULTANPALYA,
R.T. NAGAR,
BENGALURU - 560 032.
... APPELLANT
(BY SRI V.S. NAIK, ADV.)
AND:
M/s. HOSMAT HOSPITAL
(A UNIT OF HOSMAT HOSPITAL PVT. LTD.)
NO.45, MAGRATH ROAD,
BENGALURU - 560 025
REP. BY ITS VICE PRESIDENT
Dr. AJITH BENEDICT ROYAN,
AGED ABOUT 50 YEARS.
... RESPONDENT
(BY SRI MOHD. SHERIFF, ADV.)
THIS RFA IS FILED UNDER S.96 R/W ORDER 41, RULE 1
OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
2
30.10.2015 PASSED IN O.S.NO.7469/2014 ON THE FILE OF THE
XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-16), DECREEING THE SUIT FOR PERMANENT
INJUNCTION.
THIS RFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant was appointed in the respondent - Hospital, on 13.08.2012, as an Associate Consultant - Orthopedic Surgeon. After an year, on 12.11.2013, the appellant submitted notice of resignation to the post of Associate Consultant - Orthopedic Surgeon, in the respondent - Hospital. The said offer was accepted on 12.12.2013 and the appellant was relieved from his duty with immediate effect.
2. The respondent filed O.S.No.7469/2014 in the City Civil Court, Bengaluru on 26.09.2014, to pass a decree of permanent injunction and restrain the appellant from working in Bengaluru District for a period of two years i.e., with effect from 12.12.2013 till 11.12.2015 i.e., under the management of any Hospital, including 3 Narayana Multispeciality Hospital, Whitefield as a Consultant, Orthopaedician i.e., as per clause (7) of the agreement entered into on 13.08.2012.
3. The appellant, as the defendant, filed written statement and contested the suit.
4. Following issues were raised for trial:
"1) Whether the plaintiff proves that the defendant has violated the clause-7 of the agreement dated 20.08.2012 entered into between the plaintiff and the defendant and has been illegally working in Bengaluru District as Consultant Orthopedician?
2) Whether the plaintiff is entitled for the relief of permanent injunction as prayed in the suit?
3) What order or decree?"
5. For the plaintiff, its Medical Director cum Vice- President was examined as PW.1. 11 documents produced were marked as Exs.P-1 to P-11. The defendant got himself examined as DW.1 and marked Ex.D-1. By considering the rival contentions and after appreciation of the record of the suit, issue Nos.1 and 2 were answered in the affirmative and a decree of permanent injunction was passed, restraining the defendant from working in 4 Bengaluru District as a Consultant Orthopedic till 11.12.2015 i.e., under any management including Narayana Multispeciality Hospital, Whitefield.
6. Assailing the said decree, the defendant filed this appeal.
7. On 25.04.2016, after hearing the learned advocates on both sides, the appeal was adjourned to today. During the course of hearing, it was suggested that the appellant shall meet the Medical Director of the respondent and express regret for the inconvenience, caused to the respondent, on account of the appellant leaving the respondent - Hospital, within a period of two years.
8. In pursuance of the said suggestion, the appellant has met the Medical Director of the respondent - Hospital and expressed regret. The parties have sorted out the differences, more particularly on account of the 5 fact that the period for which the decree was passed expired on 11.12.2015.
9. The decree passed by the Trial Court having spent itself on account of the passage of time and also being unexecutable as on today, there is no need to consider this appeal on its merit.
In view of the above, this appeal does not survive for consideration and is disposed of accordingly by directing refund of the amount deposited in this appeal to the appellant.
Sd/-
JUDGE ca