Delhi High Court - Orders
Primus Super Specialty Hospital, Unit ... vs Pk Morgan India Pvt Ltd & Ors on 13 April, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
KAMLESH KUMAR
19.04.2021 18:27
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 307/2021
PRIMUS SUPER SPECIALTY HOSPITAL, UNIT OF DELHI
HOSPITAL SOCIETY .....Petitioner
Through: Mr Kapil Midha, Ms Meenakshi
Midha and Ms Pritika Juneja
Advocates.
versus
PK MORGAN INDIA PVT LTD & ORS. ..... Respondents
Through: Mr Santosh Krishnan and Ms. Sonam
Anand, Advocates.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 13.04.2021 The hearing was conducted through video conferencing. CM APPL. 13581/2021 (by applicant/petitioner for directions)
1. At the outset, the learned counsel for the respondents submits that this contempt petition is not maintainable as there are alternate remedies which may be available to the petitioner under the Civil Procedure Code („CPC‟). He further submits that in terms of the order dated 03.02.2021, the petitioner still has to pay an amount of Rs.1,13,000/- for the Comprehensive Maintenance Contract („CMC‟) and in addition thereto, the petitioner has to also pay Rs.17,000/- as „service charges‟ for the services earlier rendered by it in December, 2020.
2. The learned counsel for the petitioner, upon instructions, states that without prejudice to the rights and contentions of the respective parties, the requisite amount shall be deposited, for the simple reason that the machine is not fully functional i.e. two tests cannot be carried out on, it for the past few months. A contract will be signed in terms of what has been averred by the respondents. Let the contract be executed within two days, and the amount of Rs.1,13,000/- plus Rs.17,000/- be transferred by the petitioner into the account of the respondents within 48 hours.
3. The learned counsel for the petitioner submits that in terms of the aforesaid order, the tenure of the maintenance period shall be secured up to 04.01.2022. Let it be so.
4. Renotify on 12.07.2021.
5. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J APRIL 13, 2021/rd