M/S Kids Clinic India Pvt Ltd vs Karnataka Medical Council
2022 Latest Caselaw 13191 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 21ST DAY OF NOVEMBER 2022

                       PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                         AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

             W.A. No.210 OF 2021 (GM-RES)
                          IN
            W.P. No.41610 OF 2015 (GM-RES)

BETWEEN:

M/S. KIDS CLINIC INDIA PVT LTD
NO.1533, 9TH MAIN
JAYANAGAR 3RD BLOCK
BANGALORE-560 01
REP. BY ITS EXECUTIVE DIRECTOR
SRI. ROHIT M.A.
                                    ... APPELLANT

(BY MS/MRS. ARCHANA K.M. ADV., FOR
       MR. RAJADITHYA SADASIVAN, ADV.,)

AND:

1.     KARNATAKA MEDICAL COUNCIL
       NO.70, 2ND FLOOR, VAIDYAKEEYA BHAVANA
       K.R.ROAD, (NEAR BASAVANAGUDI POST OFFICE)
       BASAVANAGUDI, BENGALURU-560 004
       REP BY REGISTRAR.

2.     SMT. SUNITHA NITTOOR
       AGED 30 YEARS
       W/O MANOJ NITTOOR
       NO.2368, 12TH MAIN ROAD
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      2ND STAGE, A BLOCK, RAJAJINAGAR
      BENGALURU-560010.


                                          ... RESPONDENTS

(BY MR. BASAVARAJ S. SAPPANNAVAR, ADV., FOR R1
    MR. CHIDANAND KULKARNI, ADV., FOR R2)

                           ---

      THIS W.A. IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THE WRIT APPEAL BY
SETTING ASIDE THE ORDER OF THE SINGLE JUDGE IN
W.P.NO.41610/2015 (GM-RES) DT:10.12.2022 AND PRAYS
FOR A WRIT OF CERTIORARI QUASHING THE NOTICE
BEARING NO.KMC/28Exp/2015 DATED 15/09/2015 AND
OPINION    BEARING   NO.KMC/BUDCDRF/01/2013        DATED
5/3/2013   ISSUED    BY    THE    1ST   RESPONDENT   AND
CONSEQUENTLY QUASHING OF EXECUTION PROCEEDING
FILED BY THE 2ND RESPONDENT, PENDING BEFORE THE
1ST   RESPONDENT     AND    FOR    SUCH   OTHER   ORDER,
DIRECTION AND DECLARATION AS THIS HON'BLE COURT
MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF
THE CASE, IN THE INTEREST OF JUSTICE AND EUITY.


      THIS W.A. COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                        JUDGMENT

This intra Court appeal has been filed against

the order dated 10.12.2020 passed by the learned

Single Judge by which the writ petition preferred by

the appellant has been dismissed.

2. Facts leading to filing of this appeal briefly

stated are that the Karnataka Medical Council issued

a notice dated 15.09.2015 to the appellant which is a

hospital. The appellant challenged the validity of the

aforesaid notice in a writ petition which was disposed

of by an order dated 10.12.2020 passed by the

learned Single Judge.

3. Learned counsel for the appellant submitted

that the controversy involved in this appeal is no

longer res integra and is covered by orders of this

Court dated 28.01.2015 and 14.06.2019 passed in the

case of appellant itself.

The aforesaid fact has not been disputed by the

learned counsel for the respondent No.3.

4. For the aforementioned reasons, order dated

10.12.2020 passed by the learned Single Judge is set

aside. The impugned notice dated 15.09.2015 insofar

as it pertains to appellant is hereby quashed.

In the result, the appeal is allowed.

Sd/-

JUDGE

Sd/-

JUDGE

RV