Delhi High Court
Amal Sharma vs Govt. Of Nct Of Delhi & Ors. on 26 September, 2017
$~1 (Part-heard)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 26.09.2017
+ W.P.(C) 9583/2016 & CM No. 38400/2016
AMAL SHARMA ..... Petitioner
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Rakesh Mishra, Adv.
For the Respondents : Mr Akhil Sibal, Amicus Curie
Mr. Gautam Narayan, ASC with Mr. R.A. Iyer,
Adv. for GNCTD
Mr Vivek Tandon for Canara Bank
Mr. Gaurav Bahl, Adv. for R-3
Mr.Jagdev Singh, Mr. K.S. Negi and Mr. Sachin
Saini, Advs. for R-4
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner had filed this petition seeking direction to the
Canara Bank to release funds from the amount lying in the bank
account of Dr. Abha Chaudhary.
2. Dr. Abha Chaudhary was in a stage of coma.
3. Substantial amount was required for settling the medical bills
and for her treatment.
4. The petitioner claims to be the husband of Dr. Abha Chaudhary
and had contended that he had no funds for her treatment, though
substantial amounts of over Rs. 5 crores was lying in a fixed deposit
in her name with Canara Bank.
5. By way of an interim arrangement and with a view to ensuring
that Dr Abha Chaudhary gets appropriate medical treatment, by order
dated 19.10.2016 and the subsequent orders, directions were issued
for release of some money to the hospital. Earlier the petitioner and
later respondent No. 4 (her mother) were directed to furnish
Indemnity Bonds to the Bank for release of funds for clearance of the
Hospital Bills. The payments were made directly to the Hospital
towards its Bills.
6. Learned counsel for the Canara Bank had submitted that the
interest income being earned on the said fixed deposit was sufficient
to cover the medical expenditure. Accordingly, ad-interim directions
were issued from time to time to Canara Bank for release of fund from
the interest that had been earned on the said fixed deposit for
settlement of the said medical bills of Dr. Abha Chaudhary.
7. By order dated 19.12.2016, Mr. Akhil Sibal, Sr. Advocate was
requested to assist the court as an Amicus Curiae in the matter.
Learned Amicus Curiae was also directed to scrutinize the bills
submitted by the hospital from time to time.
8. There were certain disputes between the petitioner who claimed
to be the husband of Dr. Abha Chaudhary and Respondent No. 4 i.e.
the mother of Dr. Abha Chaudhary.
9. However, keeping in view the interest of Dr. Abha Chaudhary
who was admitted in hospital and was in a state of coma, directions
were issued from time to time, without prejudice to the disputes inter-
se the petitioner and the mother of Dr. Abha Chaudhary.
10. Dr. Abha Chaudhary has expired on 18.08.2017.
11. Learned counsel appearing for respondent no. 3- Shri Mool
Chand Khairati Ram Hospital & Ayurvedic Research Institute submits
that an amount of Rs. 13,76,532/- is the balance amount payable to the
hospital towards the pending bills for treatment of Dr. Abha
Chaudhary.
12. Learned Amicus Curiae submits that he has examined the bills
and found no discrepancy in the bills.
13. In view of the above, Canara Bank is directed to release a sum
of Rs. 13,76,532/- from the said account of Dr. Abha Chaudhary
directly to the said Hospital in full and final settlement of all its claims
towards the treatment of Dr Abha Chaudhary. The amount be paid
within two weeks.
14. Learned counsel for the petitioner and Respondent No. 4 submit
that Dr Abha Chaudhary died issueless. Learned counsel for petitioner
submits that she has left behind a Will in favour of the Petitioner. This
is disputed by the Defendant No. 4. It is contended by the Petitioner
that her estate would devolve on the petitioner and learned counsel for
the Respondent No. 4 submits that her estate has devolved solely on
Respondent No. 4.
15. Both learned counsel for the petitioner and respondent No. 4
submit that, without prejudice to their respective claims, they have no
objection if the entire amount spent on the treatment of Dr Abha
Chaudhary, is deducted from the estate of Dr Abha Chaudhary.
16. In view of the above, it is directed that the said sum of Rs.
13,76,532/- would be released by Canara Bank to the hospital without
the requirement of any Indemnity Bond.
17. It is further directed that the Indemnity Bonds furnished by the
petitioner and respondent No. 4, in terms of orders of this court for
release of funds for the settlement of bills of the said Hospital for the
treatment of Dr Abha Chaudhary, shall stand discharged. The Canara
Bank shall also be absolved of its liability to the said extent including
the amount of Rs. 13,76,532/- directed to be paid hereunder.
18. With regard to the inter-se dispute of the petitioner and
respondent No. 4 about the right to inheritance to the estate of Dr
Abha Chaudhary, it is clarified that this court has neither examined
nor opined on the same and it would be open to her legal heirs to stake
and establish their claims in accordance with law.
19. In view of the above, no further orders are called for in the writ
petition. The petition is accordingly disposed of.
20. This court appreciates the assistance rendered by learned
Amicus Curie.
Order dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
SEPTEMBER 26, 2017
'rs'
