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Dr. Kunal Saha

Medical Negligence case by NRI Dr.

"Contempt" Filed against AMRI Hospital for Refusal to Pay Penalty
Imposed by the Supreme Court
.......NRI Dr. Kunal Saha

New Delhi, March 26, 2010
Jaswinder Singh


A "contempt of court" petition has been filed today (March 11, 2010) in the Supreme Court against Dr. Mani K. Chettri, an eminent physician and managing director of the AMRI Hospital in Kolkata. (Read below to see the "contempt" petition).

In a historic judgment on August 7, 2009, the Apex Court overturned the decision by the National Consumer Forum (NCDRC) and held 4 top Kolkata doctors (Sukumar Mukherjee, Abani Roychowdhury, Baidyanath Halder and Balaram Prasad) and AMRI Hospital solely responsible for causing worngful death of Anuradha Saha. The SC has remitted the case back to the NCDRC only for determination of the final quantum of compensation (Rs. 78 crore plus interests from 1998). Hearing for determination of final compensation is still continuing at the NCDRC despite Apex Court's direction to dispose of the matter "as expeditiously as possible and preferably within six months". In addition, the SC also imposed separate penalty of Rs. 5 lakh against the AMRI Hospital and Rs. 1 lakh against Dr. Mukherjee, the principal culprit doctor.

While Dr. Mukherjee has recently paid the penalty, the AMRI Hospial has refused to pay the extra cost imposed by the Apex Court even after more than 7 months. Hence this "contempt" petition was filed against the AMRI Hospital for their deliberate violation of the Supreme Court order.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION (Civil) No. of 2010

IN

Civil Appeal No. 1727 of 2007
MEMO OF PARTIES

 

IN THE MATTER OF :-

Kunal Saha
Permanent resident of:
3937, Kul Circle South Hilliard,
Ohio – 43026, USA.


Local address for communication:-
C-10, Ministry of External Affairs Residential Complex,
37-38, Dr. S. Radhakrishnan Marg,
Chanakya Puri,
New Delhi – 110021. ......................................Complainant/Appellant


Versus

Dr. M.K. Chettri,
Managing Director,
AMRI Hospital,
P-4 & 5, C.I.T. Scheme LXXII,
Gariahat Road, Kolkata,
West Bengal-700029. ......................................……Contemnor/Respondent

 

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION (Civil) No. of 2010

IN

Civil Appeal No. 1727 of 2007


IN THE MATTER OF:-

Dr. Kunal Saha ………..…Appellant

Versus

Dr. Sukumar Mukherjee & Ors. ……..Respondents


APPLICATION UNDER SECTION 3(C) OF THE RULES TO REGULATE PROCEEDINGS FOR CONTEMPT OF THE SUPREME COURT, 1975

MOST RESPECTFULLY SHOWETH:


1. That the applicant was the appellant in Civil Appeal No. 1727 of 2007 which was allowed by this Hon’ble Court through a final order/judgment on August 7, 2009 in which the Respondent Nos. 1-5 were held responsible for causing death of petitioner’s wife, Anuradha Saha and the matter was remitted back to the National Commission (NCDRC) for determination of compensation “as expeditiously as possible and preferably within a period of six months”. In addition, this Hon’ble Court also imposed a cost against the Respondent No. 1 (Dr. Sumukar Mukherjee) for Rs. 1,00,000/- (one lakh rupees) and Respondent No. 4 (AMRI Hospital) for Rs. 5,00,000/- (five lakh rupees) for their stand and conduct in this matter. The relevant part of the judgment is extracted below for ready reference.

“We, keeping in view the stand taken and conduct of AMRI and Dr. Mukherjee, direct that costs of Rs. 5, 00, 000/- and Rs. 1,00,00,/- would payable by AMRI and Dr. Mukherjee respectively.” A true copy of the said order dated 07.08.2009 in C.A. No. 1727/2007 passed by this Hon’ble Court is annexed hereto and is marked as Annexure P/1

.
2. That the contemnor is the Managing Director of the AMRI Hospital, P-4 & 5, C.I.T. Scheme LXXII, Gariahat Road, Kolkata-700029, West Bengal, which was Respondent No. 4 in the said Civil Appeal.

3. That all the Respondents including Respondent No. 4 filed “Review” petitions against the final judgment but all the review petitions have already been dismissed by this Hon’ble Court.

4. That although more than seven months have already passed, the hearing in this matter is still going on at the National Commission and no time for final argument has been fixed as of now.

5. That after the judgment was passed on 07.08.2009, the petitioner filed 2 Interlocutory applications namely I.A. No. 5 and 6 in the said C.A. No. 1727/2007. The I.A. No. 5 was for directions, and I.A. No. 6 was for rectification of a clerical mistake. The said applications were listed for hearing before this Hon’ble Court on 23.11.2009 when this Hon’ble Court passed the following order:-
“I.A. No. 5
I.A. No. 5 has been filed for directions.
No order on I.A. No. 5.
I.A. No.6 been filed for correction of typographical error in the judgment dated 7.8.2009.
The Word “$ 2,000” be substituted with the word “$ 20,000” at page 98 of the judgment dated 7.8.2009
A.A. No.6 is accordingly, disposed of.”
A true copy of the said order dated 23.11.2009 is annexed hereto and is marked as Annexure P/2.

6. That after waiting more than three months, the Respondent No. 1 eventually paid the cost of Rs. 1,00,000/- imposed upon him by this Hon’ble Court through a personal check dated November 5, 2009. A true copy of the said check dated 5.11.2009 is annexed hereto and is marked as Annexure- P/3.

7. That the Respondent No. 4, AMRI Hospital in Kolkata, has deliberately ignored the specific directions given by this Hon’ble Court as they have refused to pay Rs. 5,00,000/-, the cost imposed upon the hospital until now. In fact, a final legal notice was sent to Dr. M.K. Chettri, the Managing Director of the AMRI Hospital (Respondent No. 4), by the Counsel of the Petitioner giving him a final opportunity to pay the cost imposed upon the hospital by this Hon’ble Court. A true copy of the said legal notice dated 24.12.2009 is annexed hereto and is marked as Annexure- P/4. The said legal notice in which 7 days time was given to the AMRI hospital to pay the cost of Rs. 5,00,000/- was duly received by the said hospital on January 19, 2010. A true copy of the acknowledgment is annexed hereto and is marked as Annexure- P/5. Unfortunately, the Respondent No. 4 has totally ignored the legal notice and remained completely silent until now.

8. That even after the lapse of more than seven months from the issuance of the final judgment and more than a month after receiving a legal notice for paying the cost of Rs. 5,00,000/- imposed on the AMRI Hospital, the said hospital has refused to pay the cost in brazen disregard to the specific order/direction from this Hon’ble Court. The action of the contemnor is a willful and deliberate disobedience of the order of this Hon’ble Court and amounts of Civil contempt of this Hon’ble court.

9. This application is made in the interest of justice and without any delay.

10. In the premises discussed above, Petitioner prays most humbly that your Lordship be kind enough to pass the following order(s) for the ends of justice.


PRAYER

A) Rule be issued directing the Respondent to show cause as to why he should not be sent to prison and/or be suitably dealt with for causing contempt of this Hon’ble Court and for violation of the order passed by this Hon’ble Court on August 7, 2009 by:

i) Not paying the cost of Rs. 5,00,000/- to the Petitioner which was imposed by this Hon’ble Court through its final judgment on August 7, 2009;

ii) Deliberate defiance/ignorance of the categorical observations made by the Hon’ble Supreme Court establishing the rights of the Petitioner to obtain the cost of Rs. 5,00,000/- from the Respondent;

iii) Rule(s) be made absolute on the Respondent/Contemnor failing to show sufficient cause;

iv) Order for costs and incidental expenses for this petition to be paid by the Respondent/Contemnor;

v) Such and further order or orders be made and/or direction or directions be given as to this Hon’ble Court that may be deemed fit and proper.



AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER BE GRATEFUL.


NEW DELHI
Filed on: 11-03-2010


DRAWN & FILED BY
[T.V.GEORGE]
Advocate for the Petitioner

 


 

 

 

 

NRI, US Dr. Kunal Saha


Dr. Kunal Saha in Columbus, Ohio