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  • Order 23 Rule 3 CPC
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  • Order 23 Rule 3 CPC
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    MRS. MERCY MATHEWS v. THE ADMINISTRATOR ST. JOHN .S M.C.H.BANGALORE KARNATAKA & ORS.

    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)

    1

    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

    -2-

    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

    2

    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.

    -3-

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

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

    ASHOK BHAN

    PRESIDENT

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

    VINEETA RAI

    MEMBER

    3

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    MRS. MERCY MATHEWS v. THE ADMINISTRATOR ST. JOHN .S M.C.H.BANGALORE KARNATAKA & ORS.
    (Aug 27, 2012)