Delhi High Court - Orders
Primus Super Specialty Hospital, Unit ... vs Pk Morgan India Pvt Ltd & Ors on 1 June, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
KAMLESH KUMAR
01.06.2021 15:34
$~1
* 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
% 01.06.2021 The hearing was conducted through video conferencing. CM APPL 17832/2021 (exemption from court fee)
1. Exemption allowed, subject to the condition that the applicant will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.
2. The application stands disposed-off.
CM APPL 17831/2021 (by applicant/petitioner for directions)
3. Issue notice. Notice is accepted by the learned counsel for the non- applicants/respondents.
4. In terms of previous order dated 13.04.2021, the petitioner has paid an amount of Rs.1,13,000/- plus Rs.17,000/-, albeit not within 48 hours but about 16 days later. Despite the aforesaid payment, the malfunctioning machine has not been repaired.
5. The learned counsel appearing for the respondents/non-applicants submits that the technician, i.e., the daughter of the directors of R-1 the company has been afflicted by the pandemic. Indeed, the directors -- R-2 and R-3, too contracted COVID-19. The mother/R-3's medical condition is further compromised, inasmuch as she also suffers from an advanced stage of a carcinogenic illness. R-2 the father is 75 years old. He also a technician and would want to attend to the malfunctioning machine. The replacement shutter unit has been purchased by R-1. It only needs to be replaced in the machine.
6. The learned counsel for the petitioner submits that R-2 himself could to endeavour to attend to the malfunctioning machine. However, his personal circumstances, as noted above, are serious and he needs to attend both to his wife and daughter on a priority basis; the circumstances are beyond the control of the respondents. Even otherwise, the respondents can very well avail the services of some other competent technician to repair the machine.
7. In the circumstances, R-1 and R-2 are directed to make due arrangements for repair of the machine, preferably before 04.06.2021. While the daughter and mother/R-3 are unfortunately afflicted by the pandemic and other illnesses, the urgency of the repair of the diagnostic machine does not diminish. The respondents submit though, that the malfunction is existing since July 2020, the hospital has done without the use of the machine for almost 10 moths, therefore evidently the pressing urgency stressed by the petitioner is doubtful.
8. The city has faced acute shortage of medical services in the last few weeks, because to of the raging pandemic. The second wave has been dreadful. A hospice would want all its diagnostic equipment to be in working condition, so as to render optimal medical care and services to its patients. In the circumstances, the Court would expect that the machine be repaired on or before 04.06.2021, since the respondent- company has had almost a month's time at their disposal to repair the same, after receipt of the monies as directed in the previous order.
9. The learned counsel for the respondents submits that the respondents have the highest regard for the directions issued by the Court and will endeavour to comply with the said directions. He further submits that in case of any further disability on behalf of the respondents, they will try to make alternated arrangements or otherwise communicate through their learned counsel, their inability - due to exigent circumstances, to the learned counsel for the petitioner by tomorrow evening. In the latter case the new shutter unit shall be delivered to the petitioner for replacement through some other technician, All this shall be done without prejudice to the rights and contentions of the parties.
10.List on 04.06.2021.
11.The order be uploaded on the website forthwith.
NAJMI WAZIRI, J JUNE 01, 2021/rd