BARNALI CHOWDHURY Vs. WOODLANDS MEDICAL CENTRE LTD

JUDGEMENT

(1.) THIS order shall decide the Interim Application No. 2 of 2012 filed under Order I, Rule 10 (2) read with Section 151 of the Code of Civil Procedure, 1908 for joining/adding three other opposite parties, namely, Dr. Sanjay Patwari, West Bengal Medical Council, Directorate of Health Services, West Bengal, in the present complaint. The instant Consumer Complaint was filed before this Commission on 05.07.2010. The said application was moved before this Commission on 02.03.2012. The original complaint was filed against the Woodlands Medical Centre Ltd., OP 1 and Dr. Rajesh Jindal, Medical Oncologist, OP2, under whose supervision late Sh. Kuntal Chowdhury was undergoing chemotherapy.

(2.) IT is now averred that Dr. Sanjay Patwari, an Anesthetist, practicing with the OP1, had administered the fatal injection on late Sh. Kuntal Chowdhury. The documents regarding departmental enquiry have been placed on record. It is contended that Dr. Sanjay Patwari, is a necessary party and his presence is required for the factual adjudication of the present complaint.

(3.) THIRDLY , it alsa -transpired that a charge -sheet was framed against Dr. Sanjay Patwari and Dr. Rajesh Jindal. The said enquiry is still pending against them. It is also submitted that West Bengal Medical Council be called for to produce the record and be joined as one of the parties.