Columbia Asia Hospital Pvt. Ltd vs Rajib Kumar Bhattacharyya
2021 Latest Caselaw 4923 Cal

S/L 170
20.09.2021

Court No.7 sb CO 1376 of 2021 (Via Video Conference)

Columbia Asia Hospital Pvt. Ltd.

Vs.

Rajib Kumar Bhattacharyya

Mr. Partha Pratim Roy, Mr. Shibaji Kumar Das ... for the petitioner

The petitioner has challenged the judgment and

order dated February 4, 2021 passed by the West

Bengal Clinical Establishment Regulatory Commission

in Case Reference No. INT/NPG/2020/15, whereby a

penalty of Rs. 5 lakh was imposed upon the petitioner

with a direction to pay to the complainant within a

period of one month from date.

Mr. Roy, the learned advocate for the petitioner

submits that the father of the complainant approached

the petitioner/Clinical Establishment with a complaint

of respiratory discomfort.

He further submits that at the relevant point of

time there was no vacancy in the isolation ICU of the

Clinical Establishment for which the father of the

complainant, who was having symptoms similar to

that of COVID, could not be admitted.

He submits that the doctors of the Clinical

Establishment immediately attended the patient as

would be evident from the materials on record and

there was no medical negligence on the part of the

Clinical Establishment in the instant case.

After going through the materials on record and

taking into consideration that the patient was brought

to the Clinical Establishment at a critical condition

and also that he had various co-morbidities as well as

having symptoms similar to that of COVID, it prima

facie appears that the cause for death may not be

attributable to the Clinical Establishment.

This Court feels that the opposite party is to be

heard for deciding as to whether the Commission was

justified in imposing penalty of Rs. 5 lakh upon the

Clinical Establishment.

In view thereof, the operation of the judgment

and order dated February 4, 2021 shall remain stayed

for a period of two weeks from date or until further

orders whichever is earlier on the condition that the

petitioner shall deposit a sum of Rs. 5 lakh with the

Registrar General, High Court, Calcutta within a

period of one week from date. In the event the said

amount is not deposited within the time limit

mentioned above, the order of stay shall stand

vacated.

The petitioner shall serve a copy of this

application by Speed Post with Acknowledgement Due

upon the opposite party and file an affidavit-of-service

on the next date of hearing.

Let this matter appear on September 30, 2021.

(Hiranmay Bhattacharyya, J.)