Published on: December 15, 2023 at 14:00 IST
Court: High Court of Delhi
Citation: Yashoda Hospital & Research Center Ltd. V. Yashoda Super Specialty Hospital (2023)
Honourable High Court of Delhi has held that the violation of the principles of natural justice and the requirement of due opportunity to the litigant is Sine Non Qua for the justice system. It is held that pre-eminent public interest in ensuring that justice is delivered at all costs. It is held that Ex-Parte judgment must be filed delivered after exhausting all remedies and contested litigation cannot be said to be prejudicial.
27. The impugned order came to be passed ex parte only because of an erroneous impression, harboured by the learned IPAB, that the petitioner had refused service of the notice issued by the learned IPAB on 10 December 2018 and, therefore, stood duly served. Once the learned IPAB had deemed it appropriate, in its order dated 10 December 2018, to direct fresh service to be effected on the petitioner, it was duty bound to proceed with the matter only after such service had been effected. That, however, never happened. The earlier default in service on the petitioner on 12 April 2018 ceased to have relevance, whether it was because the address was insufficient or because the addressee refused to accept service.
The observation, in the subsequent order dated 8 April 2019, that the petitioner had refused service was, therefore, incorrect. Had the learned IPAB known that there was, in fact, no compliance with the direction, in its order dated 10 December 2018, to issue fresh notice, it appears obvious to me that it would not have proceeded ex parte against the petitioner.
Drafted By Abhijit Mishra