TMI Blog2020 (9) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... of India. Petition dismissed without costs. - CP (IB) 3525/MB/2019 - - - Dated:- 10-8-2020 - Hon'ble Shri. Chandra Bhan Singh , Member ( Technical ) And Hon'ble Smt. Suchitra Kanuparthi , Member ( Judicial ) For the Operational Creditor/Petitioner : Mr. Tarun Arora, Advocate i/b Arora Bedi Associates For the Corporate Debtor : Mr. Ishaan Patkar i/b Jindagi Shah, Advocates ORDER Per : Suchitra Kanuparthi , Member ( Judicial ) 1. This is an application being CP (IB) 3525/MB/2019 filed by Shree Pathology Laboratory, Operational Creditor/Petitioner, under section 9 of Insolvency Bankruptcy Code, 2016 (Code) against Bigdream Ventures Private Limited, Corporate Debtor, for initiating Corporate Insolve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Petitioner maintained by the Corporate Debtor. The said deposit was made on mutually agreed term that it shall be refunded upon the termination of professional relationship. 7. Thereafter, during the tenure of professional relationship (i.e. from November, 2017 to June, 2019), the Corporate Debtor was regularly sent the various samples of patients for pathological observations to the Petitioner. And the Petitioner started raising the monthly-statements of samples tested on a regular basis which were accepted by the Corporate Debtor without any demur. 8. Contrary to mutually agreed terms, the Corporate Debtor started making delayed payment. The liability was accepted by the Corporate Debtor vide a ledger account of the Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Aarogyam Multi-speciality Hospital Pvt. Ltd. and not between the Petitioner and the Corporate Debtor. The monthly statements raised by the Petitioner are on Aarogyam Multi-speciality Hospital Pvt. Ltd. and not on the Corporate Debtor. The ledger account is in the books of Aarogyam Multi-speciality Hospital Pvt. Ltd. and not of the Corporate Debtor. c. No evidence at all has been produced about any contractual relationship between the Petitioner and the Corporate Debtor. d. Assuming but not admitting that the Corporate Debtor is in any way liable for payment of debts of Aarogyam Multi-speciality Hospital Pvt. Ltd., an action at law can only be maintained by the Petitioner against Aarogyam Multi-speciality Hospital Pvt. Ltd. and not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctly, participate in or be a party to act of division, transference, assignment, subordination, rebating, splitting or refunding of any fee for medical, surgical or other treatment. 6.4.2 Provisions of para 6.4.1 shall apply with equal force to the referring, recommending or procuring by a physician or any person, specimen or material for diagnostic purpose or other study/work. Nothing in this section, however, shall prohibit payment of salaries by a qualified physician to other duly qualified person rendering medical care under his supervision h. The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 have been enacted under the power granted to the Indian Medical Council under Section 33(m) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate Debtor and not by the Arogyam, as impliedly admitted by the payments made by the Corporate Debtor, in admission of the liability as reflected in the bank statement and the financial statement maintained by the Petitioner and filed with the Statutory Authorities. e. The trade deposit to secure the business was made to the Corporate Debtor and not the Arogyam and the same is clearly reflected in the bank statement and the Financial Statements maintained by the Petitioner and filed with Statutory Authorities. f. The Corporate Debtor issued the Cheque dated 24.04.2019, bearing no. 071302 in discharge of the liability towards the monthly statements and the repayment of the deposit. Furthermore, four cheques bearing nos. 067009, 067015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onship between the petitioner and corporate debtor as the basis of claim is in the name of Arogyam Hospitals. f) There might have been certain understanding between the petitioner, Corporate Debtor and Arogyam Hospital towards the management and payment of monies to the petitioner, but however, Arogyam Hospitals have issued a public notice dated 10.08.2019, cautioning the public at large against any claims, expressly declaring that they are not liable for any such claims. g) The medical Council rules further prohibit such practise of referral fee on commission basis and therefore such contracts are void and unenforceable contracts. h) The medical council rules are as follows: Medical Council (Professional Conduct, Etiquette and Eth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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