METROPOLIS HEALTHCARE LIMITED Vs. CENTRE FOR DIGESTIVE AND KIDNEY
HIGH COURT OF BOMBAY
Metropolis Healthcare Limited
Centre For Digestive And Kidney
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(1.) Heard Dr.Saraf, learned Counsel for the petitioner and Mr.Nankani, learned Counsel for respondent.
(2.) An urgent application is moved today on the premise that the petitioner's premises where a pathological laboratory was being run, have
been sealed on Saturday, 17 November 2018 which are required to be
immediately de-sealed. These premises admittedly belong to the
respondent - Centre for Digestive and Kidney Diseases (India) Private
Limited, who had handed over the same to the petitioner under a
'Conducting Agreement' dated 3 October 2008, entered between the
petitioner and respondent.
(3.) For today's application the case of the petitioner is that one Dr.Bharat Shah who is not a party to the conducting agreement and who
is a party to the shareholders' agreement dated 15 May 2008 has high-
handedly on 4 July 2018 locked the said pathological lab in possession of
the petitioner. This has caused serious prejudice to the petitioner as there
are pathological samples which are lying in the premises as also
equipments. Necessary averments in this regard are made in paragraphs
25 and 26 of the petition.;
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