Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 20/19. 1 Ex-parte Judgment.
MHCC010046522019
Presented on : 24-04-2019
Registered on : 10-06-2019
Decided on : 05-07-2021
Duration : 2 years, 2 months, 11 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 20 OF 2019
Exh.12.
Bhatia Hospital )
Dinesh R. Mishra, )
Age: 36 years old, through )
It's representative )
Asst. Manager (Accounts) )
A private hospital, having their )
Hospital at Tukaram Javji Road, )
Tardeo, Mumbai 400007 )...Plaintiff
Versus
1. Arun Singh )
Age: adult )
R/o. 301, Jayesh Amar Soc., )
Rajat Rajaji Path, Dombivali, (E), )
Dist Thane – 421201 )
2. Rajendra Pratap Singh (Kanhaiya) )
Age: adult )
Vibhagiy Upadyaksh – Udyog Aghadi,)
Thane Palghar Vibhag )
Bhartiy Janata Party )
C/o. Arun Singh )
301, Jayesh Amar Soc., )
Rajaji Path, Dombivli (E), )
Dist Thane )...Defendants
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Comm.Suit No. 20/19. 2 Ex-parte Judgment.
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 5th JULY, 2021.
Mr. M.H.Belosay, Advocate for the plaintiff.
None for Defendants No.1 and 2. (Exparte).
JUDGMENT (EXPARTE)
1. This is the suit filed by the plaintiff for recovery of
Rs.4,30,078/ (Rupees Four Lakhs Thirty Thousand Seventyeight only).
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a private hospital having address as
mentioned in the title clause. The plaintiff is represented by its
Assistant Manager namely Dinesh Mishra. Patient Singh Avdhesh
Kumar Dhirendra was admitted in the plaintiff hospital on 26/06/2018
in the ward. Bed No. 113 was allotted to him. In the course of
treatment, surgery was conducted on the patient. Unfortunately, the
patient expired on 14/07/2018 while receiving the treatment. The
plaintiff charged total bill of Rs.7,75,078/ (Rupees Seven Lakhs
Seventyfive Thousand Seventyeight only), but relatives of the patient
paid Rs.3,45,000/ (Rupees Three Lakhs Fortyfive Thousand only).
Defendants no.1 and 2 are brother and uncle of the patient respectively.
As they failed to pay remaining amount of Rs.4,30,078/ (Rupees Four
Lakhs Thirty Thousand Seventyeight only), the plaintiff issued legal
notice dated 08/10/2018 through their advocate to them. Defendant
no.1 received the notice on 11/10/2018, but he failed to make payment
of remaining bill amount as stated above. Therefore, the plaintiff filed
the present suit for recovery of money.
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Comm.Suit No. 20/19. 3 Ex-parte Judgment.
3. Writs of summonses were issued to both defendants
through RPAD, but envelopes are returned with endorsement
'Unclaimed'. After waiting for reasonable time, my learned predecessor
passed exparte order against the defendants on 20/08/2019.
4. The plaintiff examined its authorized representative Dinesh
Mishra, Assistant Manager (Accounts) as PW 1 on evidence affidavit
(Exh.2). This witness proved authority letter dated 13/11/2019
(Exh.4), admission slip with certificate under Section 65B of the
Evidence Act (Exh.5), writing / undertaking given by defendants no.1
and 2 dated 14/07/2019 (Exh.6), statement of charge code dated
10/01/2019 with certificate under Section 65B of Evidence Act (Exh.7)
and legal notice dated 08/10/2018 (Exh.8). Subsequently, the plaintiff
closed evidence vide pursis (Exh.10). Roznama dated 26/03/2021
reveals that my learned predecessor had made query regarding details
of surgery charges and cause of death to learned counsel for the
plaintiff. In response to query of the Court, learned counsel Shri
M.H.Belosay filed on record relevant documents with list (Exh.11).
Learned counsel Shri M.H.Belosay argued his case at length.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that the patient
namely Singh Avdhesh Kumar
Dhirendra was admitted in the hospital
on 26/06/2018 and he expired on
14/07/2018 ?
In the Affirmative.
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Comm.Suit No. 20/19. 4 Ex-parte Judgment.
2. Does the plaintiff prove that total bill
regarding treatment of the said patient
was Rs.7,75,078/ (Rupees Seven Lakhs
Seventyfive Thousand Seventyeight
Only) ?
In the Affirmative.
3. Does the plaintiff prove that out of the
said bill amount, Rs.4,30,078/ (Rupees
Four Lakhs Thirty Thousand Seventy
eight Only) are liable to be recovered as
outstanding bill amount ? If yes, at what
rate of interest ?
In the Affirmative.
4. Whether the plaintiff is entitled to the
relief as prayed ?
In the Affirmative.
5. What order as to cost ? As per final order.
6. What order and decree ? Suit is partly
decreed.
REASONS
AS TO POINT NOS.1 TO 4 :
6. On perusal of oral evidence of witness Dinesh Mishra
(Exh.2), it appears that he has clarified the duration of treatment
received by the deceased as an indoor patient in the plaintiff hospital
i.e. from 26/06/2018 to 14/07/2018. He has further deposed that the
total bill amount of Rs.7,75,078/ (Rupees Seven Lakhs Seventyfive
Thousand Seventyeight Only) was payable and Rs.3,45,000/ (Rupees
Three Lakhs Fortyfive Thousand Only) were actually paid. He further
stated about outstanding amount of Rs.4,30,078/ (Rupees Four Lakhs
Thirty Thousand Seventyeight Only). In order to support his verbal
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Comm.Suit No. 20/19. 5 Ex-parte Judgment.
contention, he has placed on record above referred documents in para
no.4. On perusal of these documents, it appears that the said patient
was actually admitted in the plaintiff hospital on 26/06/2018. Details
of total bill amount are revealing from the statement of Charge Code
Summary (Exh.7). The plaintiff has also clarified each and every
minute details of the amount to be recovered by placing on record
patient's billing details with list (Exh.11) in response to the query of the
Court. In addition to it, bill of supply is also placed on record. Both
summaries reveal that patient expired on 14/07/2018 and he was
having abdominal pain during admission period and surgery was
conducted on his stomach.
7. After appreciating oral as well as documentary evidence, it
is explicit that the plaintiff had actually treated the patient during above
referred period and expenses were incurred on his treatment.
Accordingly, bill was prepared. Documents on record clarifies details of
each day expenses incurred on treatment of the patient. Documents are
system generated bills prepared in due course and they can be taken
into account while considering claim of the plaintiff. The plaintiff has
proved his claim with the help of sufficient oral as well as documentary
evidence. Therefore, the plaintiff is entitled to recover the amount of
Rs.4,30,078/ (Rupees Four Lakhs Thirty Thousand Seventyeight
Only). So far as the claim of interest is concerned, demand of the
plaintiff is exorbitant. Considering all attaining circumstances, it
appears that the patient was seriously ill and his relatives were not in a
position to pay such huge amount towards bill of the treatment.
Therefore, it would be inappropriate to impose interest at the rate of
18%. Average interest rate of nationalized banks is 7%. By considering
interest rate of nationalized banks, interest on the amount to be
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Comm.Suit No. 20/19. 6 Ex-parte Judgment.
recovered can be imposed at the rate of 7% p.a. from the date of filing
of the suit. For all above reasons, I record my findings as to points No.1
to 4 in the affirmative.
AS TO POINT NO.5 :
8. In view of my findings as to point No.1 to 4, the suit is
liable to be partly decreed with reduction in rate of interest than that of
claimed by the plaintiff. Considering nature of litigation and above
discussed circumstances, it would be inappropriate to saddle the cost of
the litigation on the shoulders of the defendants. Therefore, the
plaintiff can be directed to bear his own cost. Hence, I pass the
following order :
ORDER
1. Commercial Suit No. 20/2019 is partly decreed.
2. Defendants no.1 and 2 are directed to pay outstanding bill
amount of Rs.4,30,078/ (Rupees Four Lakhs Thirty Thousand
Seventyeight Only) to the plaintiff hospital with interest at the
rate of 7% p.a. from the date of filing of the suit till realization,
within three months from the date of decree.
3. Plaintiff shall bear his own costs.
4. Decree be drawn accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 05/07/2021. Mumbai.
1. Dictated on : 01/07/2021.
2. Transcribed on : 02/07/2021.
3. Signed on : 05/07/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 20/19. 7 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/07/2021. 1.58 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 05/07/2021.
Judgment/Order signed by P.O. on 05/07/2021.
Judgment/Order uploaded on 05/07/2021.
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