Dr Ajay Gambhir v. Dr Shikhar Jain & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 180/2016 & CMNos. 22418/2016 & 22419/2016 NATIONAL NEONATOLOGY FORUM ••••• Appellant Through:

Mr M.S. Ganesh, Senior Advocate with Mrs Enakshi Mukhopadhyay and Mr H.S. Kohli, Advocates versus Respondents .

Mr Amit S. Chadha, Senior Advocate with Mr Anshu Mahajan and Mr Karan Arora, Advocates for R-1 to R-3.

Mr Anil Airi, Senior Advocate with Mr Anant KumarVatsya, Mr Ravi Krishan Chandra, Mr Aman Madan and Ms Bindiya L. Airi, Advocates for R-4 DR SHIKHAR JAIN & ORS Through:

+ FAO(OS) 199/2016 & CM Nos.24466/2016 Appellant Mr Anil Airi, Senior Advocate with Mr Anant KumarVatsya, Mr Ravi Krishan Chandra, Mr Aman Madan and Ms Bindiya L. Airi, Advocates DRAJAYGAMBHIR Through:

versus Respondents Mr Amit S. Chadha, Senior Advocate with Mr Anshu Mahajan and Mr Karan Arora, Advocates for R-1 to R-3.

Mr M.S. Ganesh, Senior Advocate with Mrs Enakshi Mukhopadhyay and Mr H.S. Kohli, Advocates for R-4.

DR SHIKHAR JAIN & ORS Through:

CORAMt HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR

ORDER

16.08.2016 % By:AMULYA

u We have heard the learned counsel for the parties at length. The tenure of the appellant in FAO (OS) 199/2016 would, even as per the said appellant, eome to an end on 31.12.2016. It is of course the ease of the respondents that the tenure of the said appellant had ended on 31.12.2015.

After having considered all the pros and eons, we are of the view that the appropriate order to pass in these appeals is to confirm the interim orders that have been passed in these appeals.

In FAO (OS) 180/2016, we had passed an interim order on 02.06.2016 which is now confirmed in the appeal. In FAO (OS) 199/2016, we had passed the interim order on 15.07.2016 which is also confirmed. Rest of the operative portion of the impugned order dated 19.04.2016 stands. We are, however, making it clear that the observations made by the learned single Judge with regard to the appellant in FAO (OS) 199/2016 are only prima facie in nature and will not be binding on the parties and are subject to a final decision in the suit. This will also go for all other observations made by the learned single Judge in the impugned order. The appeals stand disposed of accordingly.

BADAR DURREZ AHMED, J ASHUTOSH KUMAR, J AUGUST 16,2016 ns