METROPOLIS HEALTHCARE LIMITED Vs. CENTRE FOR DIGESTIVE AND KIDNEY
LAWS(BOM)-2018-11-33
HIGH COURT OF BOMBAY
Decided on November 19,2018

Metropolis Healthcare Limited Appellant
VERSUS
Centre For Digestive And Kidney Respondents

JUDGEMENT

- (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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