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2023 Supreme(Del) 4253

PURUSHAINDRA KUMAR KAURAV
Mohan G Bhagwanani (deceased) – Appellant
Versus
Manager, State Bank of India M/s Moolchand Hospital M/s Care Hands Health. Services Dr Sundri G. Bhagwanani D/o Late Gopal Dass Moolraj Bhagwanani Government of NCT of Delhi (Department of Social Welfare) – Respondent


Advocates appeared:
Mr.Ganeshan Subbian, Advocate. Ms. Manini Brar, Advocate (Amicus Curiae) alongwith Mr. Naman Lohiya, Advocate, for the Petitioner.
Ms. Jaya Tomar and Ms.Akansha, Advocates for R-1.
Mr. Gaurav Bahl, Advocate for R-2.
Mr.Tushar Sannu, Standing Counsel with Mr.Yash Singh, Advocate and Dr. Amit Khanna, Associate Professor.
Mr. Udit Malik, ASC for GNCTD along with Mr.Jawahar Singh, Dept. of Social Welfare, Superintendent.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)

1. The facts of the case would show that the respondent no.4-Dr. Sundri G. Bhagwanani is suffering from advanced Alzheimer's disease which has progressed to a stage, where, she is unable to take care of herself and requires medical supervision. She is, at present admitted in respondent no.2- Moolchand Hospital and since 24.11.2017, has been undergoing treatment in the said hospital.

2. The petitioner, who approached this court for various reliefs inter alia to be appointed as the guardian of respondent no.4 in order to look after her medical bills and overall health, has unfortunately passed away during the pendency of the instant writ petition.

3. The respondent no.4 has FDRs with respondent no.1-State Bank of India with a cumulative value of Rs.1,05,64,506/- as on 10.01.2020. However, on account of various payments made to the hospital, the same has substantially reduced.

4. The bills that were being raised by the hospital were being paid as per the directions given by this court from time to time.

5. Learned counsel appearing on behalf of respondent no.2-Moolchand Hospital on instructions states that as on date there are outstan

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