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2021 Supreme(Cal) 398

SABYASACHI BHATTACHARYYA
Royd Nursing Home and Healthcare Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Pranit Bag, Jayati Chowdhury, Ranjana Seal.
For the Respondents: Atarup Banerjee, Golam Nure Imrohi.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The first petitioner is a nursing home and a company registered under the Companies Act, 1956, represented by its director and shareholder, the second petitioner.

2. The present revisional application has been moved against an order bearing Order No. 2 dated February 24, 2021 passed by the West Bengal Clinical Establishments Regulatory Commission (opposite party no. 2) in Case Reference No. Kol/2019/000681. By the said order, respondent no. 2 imposed a compensation of Rs. 1 lakh against the petitioner no. 1.

3. The complaint before the Commission arose out of the unfortunate of a patient demise who had visited the petitioner no. 1-nursing home for Maxio-Facial Cosmetic Surgery. After having been administered anaesthesia, the patient allegedly had a seizure and was transferred to some other clinical establishment where the patient passed away after about three days of treatment.

4. The Commission recorded that it enquired from the petitioner no. 1 whether the latter preserved the particular vial, syringe and/or any other equipment pertaining to the anaesthesia procedure. It was contended by the petitioner no. 1 that, soon after the incident, the

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