Disposed¶20

Sbg Health Care v. The State of Bihar

Patna HC20 Nov 2024MJC/1017/2023

Case brief

AI extract

What is this about?

MJC 1017/2023; CWJC 13933/2022; non-compliance of order dt. 16.09.2022; contempt petition dropped; belated compliance; cost Rs. 5000/-; SBG Health Care; Ravi Shankar Prasad Gupta; BMSICL; Dinesh Singh; State of Bihar; Amir Subhani; Pratay Amrit; partial payment contention rejected; general direction unquantified dues; liberty to assail before appropriate forum; Patna High Court; P. B. Bajanthri; S. B. Pd. Singh; decided 20-11-2024.

What did the court decide?

M.J.C./contempt petition stands dropped; Respondent No.3 (Managing Director, BMSICL) directed to pay cost of Rs. 5000/- to the petitioner within one month; petitioner at liberty to assail the respondents' action before the appropriate forum in accordance with law. ¶20

Sbg Health Care Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether Respondent No.3 complied with direction (i) of page-9 of the order dated 16.09.2022 passed in C.W.J.C. No. 13933 of 2022 (examination of the petitioner's claim and settlement of his dues), albeit belatedly, so that the M.J.C./contempt petition should be dropped. +1 more

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Court's answer

Respondent No.3 complied with direction (i) of page-9 of the order dated 16.09.2022 passed in C.W.J.C. No. 13933 of 2022, having examined the petitioner's claim and settled certain monetary benefits on 20.12.2022.

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Ratio / Principle

The compliance by Respondent No.3 was belated: the settlement due on or before 15.11.2022 was effected only on 20.12.2022, i.e., beyond the time stipulated by the co-ordinate Bench.

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Key takeaways

Respondent No.3 is directed to pay a cost of Rs. 5000/- (Rs. Five Thousand) for the belated settlement of certain monetary benefits in terms of the directions in C.W.J.C. No. 13933 of 2022.ratio¶18
The petitioner's contention that Respondent No.3 paid only a partial amount is not acceptable, because the co-ordinate Bench in its order dated 16.09.2022 did not determine the amounts due and gave only a general direction to examine the petitioner's case and settle his dues.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (M.J.C. No. 1017 of 2023, decided 20-11-2024, oral judgment of P. B. Bajanthri, J; bench included S. B. Pd. Singh, J): Miscellaneous jurisdiction (contempt) proceedings alleging non-compliance of the order dated 16.09.2022 in C.W.J.C. No. 13933 of 2022 were dropped. Respondent No.3, the Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd. (BMSICL), had complied with direction (i) of page-9 by examining SBG Health Care's claim and settling certain monetary benefits on 20.12.2022, but beyond the stipulated two-month deadline (15.11.2022); for this delay Respondent No.3 was directed to pay a cost of Rs. 5000/- to the petitioner within one month. The court held that, since the co-ordinate Bench had not quantified the dues and had issued only a general direction, the petitioner's contention of partial payment was unacceptable; the petitioner remains free to pursue remedies against the respondents before the appropriate forum.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1017 of 2023

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Civil Writ Jurisdiction Case No.13933 of 2022

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======================================================

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SBG Health Care through its proprietor Ravi Shankar Prasad Gupta, Aged about 49 years, Gender- male, Son of Mithilesh Prasad Gupta, Resident of Mohalla- Dr. Azazi Marg, Jawahar Lal Road, Police Station- Barhanpura, District- Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through Amir Subhani, Father’s Name Not Known to the Petitioner, the Chief Secretary,Government of Bihar, Patna.

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Pratay Amrit, father’s name Not Known to the Petitioner, The Principal Secretary, Department of Health Government of Bihar old Secretariat Patna800001.

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Dinesh Singh, father’s name not Known to the Petitioner, The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd. (BMSICL) 4th Floor, State Building Constructing Corporation Hospital Road, Shastri Nagar, Patna- 800023.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Vikash Kumar, Advocate Mr. Ayush Kumar, Advocate Mr. Kanishka Shailender, Advocate For the State : Ms. Shweta Anand, AC to GP-13 ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 20-11-2024

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The present M.J.C. is filed for non-compliance of order dated 16.09.2022 passed in C.W.J.C. No. 13933 of 2022.

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Perusal of the Show-Cause filed on behalf of concerned Respondent, it is evident that Respondent No.3 has complied direction (i) of page-9 of order dated 16.09.2022

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Patna High Court MJC No.1017 of 2023 dt.20-11-2024 2/3

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insofar as examining the claim of the petitioner and settled certain monetary benefit on 20.12.2022, such exercise should have been taken by the 3^rd Respondent on or before 15.11.2022, the date on which two months have lapsed. Therefore, decision of the 3^rd Respondent insofar as settling certain monetary dues was belated and beyond the time stipulated by co-ordinate Bench. Accordingly, 3^rd Respondent is hereby directed to pay cost of Rs. 5000/- (Rs. Five Thousand) for belated settlement of certain monetary benefits in terms of directions in C.W.J.C. No. 13933 of 2022.

¶19

Learned counsel for the petitioner, on instruction, submitted that Respondents have not made payment in full. It is to be noted co-ordinate Bench in its order dated 16.09.2022 has not determined what are the amounts which are due to the petitioner. There is only general direction to the extent of 3^rd Respondent to examine petitioner’s case and settle his dues. In the absence of any specific amount mentioned by the co-ordinate Bench, the aforementioned contention of the petitioner to the extent that 3^rd Respondent has paid partial amount is not acceptable.

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Accordingly, the present M.J.C./contempt petition stands dropped. Cost of Rs. 5000/- (Rs. Five Thousand)

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Patna High Court MJC No.1017 of 2023 dt.20-11-2024 3/3

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shall be paid by the Respondent No.3 to the petitioner within a period of one month from today. The petitioner is at liberty to assail the action of the Respondent before the appropriate Forum in accordance with law.

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(P. B. Bajanthri, J)

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( S. B. Pd. Singh, J)

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manish/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	26.11.2024
Transmission Date	NA

Sbg Health Care v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sbg Health Care v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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