Delhi High Court - Orders
Primus Super Specialty Hospital, Unit ... vs Pk Morgan India Pvt Ltd & Ors on 12 July, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~8 (1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 307/2021 &CM APPL. 13581/2021
PRIMUS SUPER SPECIALTY HOSPITAL, UNIT OF DELHI
HOSPITAL SOCIETY .....Petitioner
Through: Ms. Meenakshi Midha, Mr. Kapil
Midha and Ms. Pritika Juneja,
Advocates.
versus
PK MORGAN INDIA PVT LTD & ORS. ..... Respondents
Through: Mr. Santhosh Krishnan and Ms.
Sonam Anand, Advocates for R-1 &
R-2.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 12.07.2021 The hearing was conducted through video conferencing. CM APPL. I7831/2021(for directions)
1. In terms of the order dated 03.02.2021 passed by the learned Trial Court, the petitioner was to pay an amount of Rs.1,13,000/- on account of Comprehensive Maintenance Contract ('CMC'). Additional an amount of Rs.17,000/- was to be paid by the petitioner on account of 'service charges' for services rendered by the respondents in December, 2020.
2. On 13.04.2021, this Court had directed that the aforesaid amount be paid by the petitioner into the bank account of the respondents within 48 hours thereof. The said order was not been complied with during the sated time; the monies were paid about 16 days later, when the city was reeling under the brutal and debilitating of the second wave of the COVID-19 pandemic. The respondents, despite being afflicted Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:13.07.2021 11:44:03 by the pandemic, and being senior citizens themselves, have complied with their part of the contract by replacing the 'shutter unit' of the machine on 03.06.2021.
3. There is some dispute as to when the maintenance contract was sent to the respondents: the respondents say it was sent on 27.02.2021, whereas the petitioner contends that the contract was only sent in April, 2021. The documents were signed on 02.05.2021.
4. The regular use of a machine has an impact on its use expected maintenance-free lie span. The machine concerned was being regularly used by the hospital for carrying out medical tests. The shutter unknit could not be replaced for want of payment by the respondent. which took its time in signing the contract and paying the requisite monies, before the shutter unit could be replaced. The regular use of the machine results in wear and tear and the petitioner's exposure to liability apropos the machine would be dependent upon the use. The petitioner instead of, signing the maintenance contract in February, 2021, chose to sign it in May, 2021, which could not necessarily entitle them to seek an extension of time of four months only on the ground that the machine had been repaired only on 03.06.2021. It has been recorded earlier by the learned Trial Court as well as by this Court that that the CMC will expire on 04.01.2022.
5. The learned counsel for the petitioner submits that the petitioner has been regularly following up the matter with the respondents to repair the machine.
6. Be that as it may, all monies were paid by the petitioner on 29.04.2021, however, the repair was carried out only about 5 weeks Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:13.07.2021 11:44:03 later i.e. on or about 03.06.2021. Logically therefore, the period for maintenance should be extended by an equivalent time i.e. by 5 weeks. Hence, the maintenance period shall now be treated as valid till 08.02.2022.
7. The petition, along with pending applications, is disposed-off in terms of the above.
8. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J JULY 12, 2021/rd/AB Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:13.07.2021 11:44:03