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MRS. MERCY MATHEWS v. THE ADMINISTRATOR ST. JOHN .S M.C.H.BANGALORE KARNATAKA & ORS.

National Consumer Disputes Redressal Commission
Aug 27, 2012

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

APPEAL NO. 583 OF 2007

(Against the Order dated 29/08/2007 in Complaint No. 122/2000 of the State Commission Karnataka)

1. MRS. MERCY MATHEWS

NO. 23/24, KANAKADASA LAYOUT,

LLINGARAJAPURAM,

BANGALORE - 560084 KARNATAKA ...........Appellant(s) Versus

1. THE ADMINISTRATOR ST. JOHN .S

M.C.H.BANGALORE KARNATAKA & ORS.

SARJAPUR ROAD,

BANGALORE - 560034

KARNATAKA

2. DR. GEETHA, E. N. T. SPECIALIST

No.403,Redwood Apartments,Raneja Residency, Kormangala, BANGALORE - 560034

KARNATAKA

3. DR. EDWIN PHILIPS, DEPARTMENT OF ONCOLOGY,

C/o Advocate C.F. Alvares, Near Holy Spirit Church, Margao

Goa

4. DR. ANTHONY PIAS, SURGEON

No.12, Langford Road, Langford Town BANGALORE - 560025

KARNATAKA

5. Dr. Geetha Chary Redwood Apartments,Raheja Residency Koramangala

Bangalore-560 034(KTK)

6. Dr.Edwin Philips, Department of Oncology St. John's Medical Hospital

Sarjapur Road

Bangalore-560 034(KTK)

7. Dr. Anthony Pais No.12, Langford Road Langford Town

Bangalore-560 025(KTK) ...........Respondent(s)

APPEAL NO. 740 OF 2007

(Against the Order dated 29/08/2007 in Complaint No. 122/2000 of the State Commission Karnataka)

1. THE ADMINISTRATOR, ST JOHNS MEDICAL

COLLAGE HOSPITAL ...........Appellant(s)

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SARJAPUR ROAD,

BANGALORE - 560034 -

Versus

1. MERCY MATHEWS & ORS. NO. 23/24, KANAKADASA LAYOUT,

LINGARAJAPURAM,

BANGALORE - 560084

2. DR. GETHA CHARY

REDWOOD APARTMENT, RAHEJA RESIDENCY

KORAMANGALA

BANGALORE -560034

KARNATAKA

3. DR. EDWIN PHILIPS

DEPARTMENT OF ONCOLOGY, ST. JOHNS MEDICAL

COLLEGE HOSPITAL,

SARJAPUR ROAD,

BANGALORE - 560034

4. DR. ANTHONY PIAS

NO.12, LANGFORD ROAD,LANGFORD TOWN

BANGALORE -560025

KARNATAKA ...........Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT HON'BLE MRS. VINEETA RAI, MEMBER For the Appellant : Mr. Ravi Panwar, Advocate for Mr. S. N. Bhat, Advocate

For the Respondent : NEMO

Dated : 27 Aug 2012

ORDER

An out of court settlement was reached between the parties. An application under Order 23 Rule 3 CPC with regard to the

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settlement between the parties duly signed by the parties was filed. Counsel appearing for Mrs. Mercy Mathews disputed the joint settlement denying his signatures on the settlement and sought time to take instructions with regard to this fact from Mrs. Mercy Mathews. After the case was adjourned Mr. Sabu Mathew George, Special Power of Attorney

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of Mercy Mathew appeared in the court and filed his Special Power of Attorney in original along with its photocopy. Special Power of Attorney holder stated that Mercy Mathews had settled the matter and she does not want to pursue the matter. Counsel or the appellant states that he has not received any instructions from the appellant Mercy Mathew; that he has already filed an application seeking withdrawal from the case. Counsel for the appellant is discharged from the case. Appeal is disposed of in terms of the settlement arrived at between the parties. No costs.

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Copy of this order be sent to the appellant as well as the respondents for their information.

......................J

ASHOK BHAN

PRESIDENT

......................

VINEETA RAI

MEMBER

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