The Bombay High Court directed the regional passport officer in Mumbai to consider initiating action to revoke or impound the passport of a doctor who owns a hospital in Bhayander (East). The doctor is in contempt of an order requiring him to pay a nurse Rs 10 lakh in lieu of her reinstatement.
Court's Observations
Justice Amit Borkar passed the order on Thursday after learning that Dr Manoj Mazumdar is currently in the United States. The judge remarked, "If the contemnor has left the country while remaining in persistent breach of the court order and avoiding process, the matter becomes more serious."
The court directed that the passport authorities communicate through the consular channel with the US to ensure that information regarding steps taken for revocation or impounding of the passport is transmitted in accordance with the law.
Background of the Case
On September 13, 2023, the High Court directed Ashwini General Hospital, through Dr Mazumdar, to pay Rs 10 lakh to Veronica Pareira within four weeks, with a default interest of 6 percent per annum thereafter. Advocate Ramesh Ramamurthy, representing Pareira, informed the court that she is over 60 years old and has been without income for over a decade.
Justice Borkar noted that on eight separate dates, repeated adjournments were necessary because Dr Mazumdar "was not making himself available to the process of the court." Attempts to serve notices at the hospital were unsuccessful, and Pareira was not even allowed entry to the premises for serving the notice.
Actions Taken
Consequently, the judge called upon Dr Dinesh Patil, the licensee running the hospital, to remain present. Dr Patil informed the court that Dr Mazumdar is in the US. He filed an affidavit submitting financial particulars, including the hospital's bank account. The judge directed the attachment of the account and instructed the Canara Bank manager not to permit Dr Mazumdar or any person claiming through him to operate it.
The court also attached the 4,200-square-foot hospital premises on the ground floor of Arunodaya CHSL, but clarified that "the attachment at present does not authorise physical possession." Justice Borkar directed the concerned revenue officer to make an entry of the attachment in relevant public records and affix a notice at a conspicuous place in the premises to inform third parties. The court also took Dr Mazumdar's mobile number on record for future communication and tracing purposes.
Further Proceedings
Justice Borkar stated that based on the cumulative material available, he is prima facie satisfied that the contemnor has wilfully disobeyed the order dated September 13, 2023. He noted that there was sufficient time for compliance and that no bona fide explanation of inability was shown. Instead, the record indicates absence, concealment, and frustration of service. On April 30, the court will pass further orders necessary to secure Dr Mazumdar's presence. The passport authorities have been directed to act with due promptness and place a compliance report.
