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Judgment:
IA No.1 in Civil Appeal No.1575 OF 2007
PK. G. Balakrishnan,- CJI
While granting leave on 26.3.2007,
we made an interim order appointing Dr. Narendra Trivedi, Vice-President
of the Lilavati Hospital and Dr. K.Ramamurthy, Senior Consultant in that
hospital, as Joint Administrators to be in charge of the day to day
running of the Hospital and the Research Institute.
2. Dr. K. Ramamurthy has written a
letter dated 14.6.2007 to the Registry of this Court, expressing his
inability to function as an administrator, due to ill health.
3. The appellant has also made this
application seeking modification of the order dated 26th March, 2007 to
appoint Dr. (Mrs.) Ketayun R.Dhunjibhoy, Chief of Laboratories in place
of Dr. K.Ramamurthy, so that Dr. Narendra Trivedi and Dr. (Mrs.) Ketayun
R.Dhunjibhoy can act as joint-administrators.
4. The said application has been
resisted by the contesting respondents inter alia on the ground that Dr.
Dhunjibhoy is not senior enough for being appointed as a Joint
Administrator and her appointment may cause administrative problems as
there are more than 30 of the consultants working in the hospital,
senior to her.
5. We have considered the rival
submissions. We are of the view that interest of justice would be served
if Dr. K.Ramamurthy is replaced by a retired Judge of the Bombay High
Court as the Joint-administrator. Accordingly, we appoint Mr. Justice A.
A. Halbe, retired Judge of Bombay High Court, No.144, 'JYESHTHA',
Tarangan Housing Complex, Near Cadbury Factory, Thane-400 606,
Maharashtra (Tel : 022 - 25408849), as Joint Administrator in place of
Dr. K. Ramamurthy. Subject to the said modification, the interim order
dated 26.3.2007 shall continue to operate.
6. The remuneration payable to Mr.
Justice A. A. Halbe will be determined in due course.
7. We are sure that the City Civil
Court, Mumbai, is making all efforts to dispose of Suit No.1997/2006 at
an early date, within the time stipulated in our order dated 26.3.2007.
8. I.A. No.1/2007 is disposed of
accordingly.
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