R. C. Lahoti, J. - (1.) Gupte Cardiac Care Centre and Hospital (hereinafter the Hospital, for short) representing Healing Touch Angiography and Cardiac Surgery Centre Pvt. Ltd., both situated at Nashik, have filed Special Civil Suit No. 62 of 2002 in the Court of Civil Judge at Nashik on 20-12-2001. The defendants impleaded therein are M/s. Jostra Medizintechnic AG and Olympic Pharma Care Pvt. Ltd. situated respectively at Germany and Delhi, (hereinafter referred to as manufacture and dealer, for short).
(2.) Olympic Pharma Care Pvt. Ltd., New Delhi has filed a suit against the hospital in the High Court of Delhi (Original Side) on 10-1-2002, which is registered as Suit No. 190 of 2002.
(3.) It appears that the Hospital needed a Heart Lung Machine along with accessories manufactured by the Germany company (the manufacturer) and marketed by the Dealer in India. The machine was delivered and installed. Disputes arose as the performance of the machine was not found to be satisfactory. There was correspondence and notices exchanged and then suits filed. The suit filed by the Hospital at Nashik is for recovery of Rs. 28,35,000/-. The plaintiffs therein have claimed the return of the advance paid, compensation equivalent to the additional amount spent by them for purchasing another machine and the interest on the said two sums. The suit instituted by the Dealer at Delhi is for recovery of Rs. 20,00,000/- alleged to be outstanding by way of balance price of the machine and interest thereon. T.P. (C) No. 400/2003 has been filed by the Hospital seeking transfer of the suit at Delhi to Nashik while T.P. (C) No.248/2004 has been filed by the Dealer seeking transfer of the suit at Nashik to Delhi.;