Interim Order 1

Order Details: Order below exhibit
Pdf Text: 1 Or. Exh.1 Com. S. No.1039 of 2021.
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
ORDER BELOW EXHIBIT 1
IN
COMMERCIAL SUIT NO.1039 OF 2021
(OLD SUMMARY SUIT NO.242 OF 2020)
1. Dr. Ritesh Ramkumar Gupta ]
2. Dr. Amit Vinayak Patil ]...Plaintiffs
Vs.
1. The Platinum Hospital,
2. Dr. Anuj Bhasin,
3. Dr. Bijoy Kutty,
4. Dr. Sanjit Paul ]..Defendants
CORAM : HIS HONOUR JUDGE
SHRI. RAJESH A. SASNE
(C.R.No.32)
DATED : 23rd February, 2022.
Appearance :
Adv. Dr. Pradeep L. Parshi for plaintiff.
ORDER
Read the plaint and documents. Heard the plaintiff's advocate on
the point of maintainability of this suit before the Commercial Court.
2. The plaintiffs before the Court are Doctors by profession. They
are Plastic Surgeon. It is their contention that they have provided
medical services to the defendant No.1 who has not paid their
professional fees. Hence, the plaintiffs want to recover charges of their
professional fees from the defendant hospital. It is settled position of
law that medical profession is not Commercial activity, it is not the
business.
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2 Or. Exh.1 Com. S. No.1039 of 2021.
3. The Hon'ble Bombay High Court in Writ Petition No.4579 of 2005
in Judgment dated 21.10.2016, (Indian Medical Association Vs State
of Maharashtra) considered Judgment of Hon'ble Supreme Court
reported in 1969 Mh.L. J. 391 in which it is held that the professional
establishments of Doctors do not fall within the ambit of the definition
of 'commercial establishment'. Which is also followed by the Hon'ble
Bombay High Court in its judgment reported in 1981 Mh. L. J. 635.
Therefore, the profession of medical practitioners is not commercial
activity. Hence, there cannot be Commercial dispute. The present suit
does not attract Section 2 (i)(c) of the Commercial Court Act, 2015.
The suit has been transferred from Court Room No.20 to this Court,
after verification and identification of the suit as commercial dispute. As
the dispute is not commercial dispute, necessary directions are required
to be issued to Registrar (Civil) to assign this suit to the Civil Court
excluding the Commercial Court. Hence, I pass the following order:
ORDER
1. The Registrar (Civil) to assign this suit to the Civil Court excluding
Commercial Court as dispute is not commercial dispute.
2. Compliance be made on or before 07.03.2022.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 23.02.2022 Mumbai.
Dictated on : 23.02.2022
Transcribed on : 23.02.2022
Signed by HHJ on : 23.02.2022
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3 Or. Exh.1 Com. S. No.1039 of 2021.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
23.02.2022 at 05.30 p.m.
UPLOAD DATE AND TIME
(Mr. S.V. AMBEKAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI R.A.Sasne
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
23.02.2022
Judgment/order signed by P.O. on 23.02.2022
Judgment/order uploaded on 23.02.2022
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