| Revision Petition No. RP/25/2017 | | (Arisen out of Order Dated 23/09/2016 in Case No. Complaint Case No. CC/307/2016 of District Kolkata-II(Central)) |
| | | | 1. The Nilratan Sircar Medical College and Hospital | | 138, A.J.C. Bose Road, P.O. & P.S. - Entally, Kolkata -700 014. | | 2. The Principal, The Nilratan Sircar Medical College and Hospital | | 138, A.J.C. Bose Road, P.O. & P.S. - Entally, Kolkata -700 014. | | 3. The Medical Superintendent cum Vice Principal, , Nil Ratan Sircar Medical College & Hospital | | 138, A.J.C. Bose Road, P.O. & P.S. - Entally, Kolkata -700 014. | | 4. Dr. S. Purakayastha, Gynae & obstatics Dept.,, The Nilratan Sircar Medical College and Hospital | | 138, A.J.C. Bose Road, P.O. & P.S. - Entally, Kolkata -700 014. | | 5. The West Bengal Medical Council | | GA-29, Sector-V, Salt Lake City, P.S.- Electronic Complex, Kolkata -700 091. | | 6. The Secretary to the Govt. of W.B, Dept. Health & Family Welfare | | G.A. Branch, Swasthya Bhawan, GA-29, Sector-V, Salt Lake City, P.S.- Electronic Complex, Kolkata -700 091. | | 7. The Director, Directorate, Health & Family Welfare, Dept. Health & Family Welfare | | Govt. of W.B., Swasthya Bhawan, GA-29, Sector-V, Salt Lake City, P.S.- Electronic Complex, Kolkata -700 091. |
| ...........Appellant(s) | |
| Versus | | 1. Fatema Bibi | | W/o Md. Ruhul Amin Molla, Vill. - Nimkuriya, P.O. - Joypur, P.S.- Kashipur, Dist.- South 24 Pgs., Pin- 743 502. | | 2. Dr. A. Nister, Ballygunge Maternity & Nursing Home | | 20/1/1M, Ballygunge Road, P.S. Gariahat, Kolkata -700 019. | | 3. Dr. Prosenjit Sarkar | | 24, Bepin Pal Road, P.S. - Tollygunge, Kolkata- 700 026. | | 4. The Microlap Nursing Home | | 24, Bepin Pal Road, P.S. - Tollygunge, Kolkata- 700 026. | | 5. Dr. Sankar Nath Mitra, Gynae & Obstatics Dept. The Nilratan Sircar Medical College & Hospital | | Vidyasagar Road, P.O.- Midnapore, P.S. Midnapore Town Kotwali, Dist. Paschim Medinipur, Pin-721 101. | | 6. Dr. P.K. Sen | | 306, Prince Anwar Shah Road, P.S. - Lake, Kolkata - 700 045. |
| ...........Respondent(s) |
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| Final Order / Judgement | HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT The Revisional Application has been filed by the OP of CC/307/2016, questioning the propriety of the order no. 7 dated 23-09-2016 passed in CC/307/2016 by Ld. DCDRF, Kolkata, Unit-II. In the order impugned Ld. DCDRF concerned passed two fold orders of rejection, one is the rejection of a prayer of the complainant, praying for rejection of the written version filed by the OPs no. 1 to 3 i.e. the revisionists herein and the other is the rejection of the prayer for further time to file written version by the other OPs. In the 1st part of the order Ld. Forum concerned rejected the prayer of the complainant with cost of Rs. 2,000/- (Rupees two thousand) for rejecting the written version of OPs no. 1 to 3 on the ground that no such written version was filed on their behalf till date (i.e. 23-09-2016). Since no written version was available on record the question of rejecting the same did not rise and Ld. Trial Forum rightly passed that part of the order impugned with cost of Rs. 2,000/- (Rupees two thousand). So far as the later part of the order of rejection of is concerned the Trial Forum did not allow time to the OPs to contest the complaint case by filing written version on their behalf on a future date. Since Ld. Trial Forum rejected their prayer on the ground that the statutory period for filing written version was over in the mean time. When the Forum concerned did not feel it necessary to allow further time to file written version after the statutory period it cannot be said that the order passed by Ld. Trial Forum is not supported by law or there was any other material irregularity or illegality. Regard being have to the facts of the case, we find nothing illegality in the order impugned and we feel it proper to uphold the same. With the above observation the Revisional Application stands disposed of. Parties do bear their respective costs of this proceeding. | |
