1. Affidavit filed by the petitioner hospital in Court today is taken on record.

2. The petitioner is aggrieved by the direction passed by the West Bengal Clinical Establishment Regulatory Commission to refund 50% of the treatment cost to the next of kin of the deceased patient. According to the petitioner, there is no finding of negligence and the Commission ought not to have directed refund.

3. On a perusal of the impugned judgment, it appears that the Commission has recorded that the patient attended the hospital on 23^rd March, 2023 at 8.16 P.M. and the initial clinical impression was of severe acute pancreatitis and duodenal perforation with AKI was made. The patient was admitted and a number of investigations were done. The admission sheet serial no.13 the consultation points were kept blank suggesting that the senior doctor was not consulted on the day of admission.

4. The observation recorded in the impugned judgment mentions that the surgery for ERCP induced duodenal perforation is a very difficult one and has to be done in an advanced gastro surgery setup with very experienced surgeon. The hospital does not have an advanced gastro surgery unit.

5. The doctors have opined that