ABHIPRAV SINGH LAW ASSOCIATES

ADVOCATES & CONSULTANTS

WITHOUT PREJUDICE
REGISTERED AD/COURIER

Date: 26.09.2023
ADDRESSED TO. –

Sh. Siddharth Panda

Advocate
Office at. –
D-36, LGF, Amar Colony, Lajpat Nagar – IV,
New Delhi – 110024.

Attn. –

Institute of Liver and Biliary Science ("ILBS")

Address of correspondence at. –
D-1, Vasant Kunj,
New Delhi – 110086.

ON BEHALF OF. –

Sh. Prajjwal Jaiswal

son of Late Sh. Girish Chandra Jaiswal
Resident of. –
Opp. (In front of) Kashi Gomti Samyut Gramin Bank
(KGSG), Saidpur, Ghazipur, U.P. - 233001

Re. Your Legal Notice dated 19.08.2023 (received on 27.08.2023) issued on

behalf of your Client namely Institute of Liver and Biliary Sciences
("ILBS").

Subject: Reply to your Legal Notice dated 19.08.2023.

Sir,

Under the proper instructions from and the authority on behalf of Sh. Prajjwal Jaiswal
s/o Late Sh. Girish Chandra Jaiswal ("my Client"), we do hereby serve upon you the present
reply addressing the concerns articulated in your above referenced Legal Notice dated
19.08.2023 (received on 27.08.2023) ("subject Notice"), with the following effects as
mentioned hereunder. It is further stated that averments made against my Client in the subject

Address: S – 196, LGF, Panchsheel Park, New Delhi – 110017 | Email: abhiprav.singh@gmail.com
Mobile: +91- 9801178320
notice are wrong, frivolous, and misconceived, hence they are denied in their entirety except
those which are explicitly admitted hereinunder.

At the outset, we state that ILBS has not appraised you with the correct facts and has also
concealed the material facts, which resulted into issuance of this frivolous subject Notice on a
baseless and self-motivated premise. From the bare reading of the subject Notice, it appears that
ILBS has misrepresented the true facts deliberately and has concealed its own misdeeds just by
passing the entire blame upon my Client, which is indicative of the fact that ILBS has not only
tried to take undue advantage of the situation of my Client but also dishonestly placed its
arbitrary claims by taking undue advantage of its dominant position at the given time.

I must draw your attention to the preliminary objections we assert regarding the subject notice
in question.

1. Primarily, it is imperative to acknowledge that Late Sh. Girish Chandra Jaiswal (i.e.
father of my Client) was undergoing treatment at ILBS, on account of liver cirrhosis and
thereafter, on 06.12.2021, Late Sh. Girish Chandra Jaiswal underwent a liver transplant
surgery at ILBS Hospital. Unfortunately, what followed post-surgery was a series of
complications and adverse health events on account of which my Client's father was
admitted in the hospital (ILBS) till 06.04.2022, that plunged the family into a tumultuous
and distressing period.

2. The medical journey up till April, 2022 was accompanied by substantial financial
implications for my Client. The expenses associated with the treatment were staggering,
placing an immense burden upon my Client and his family.

3. In an attempt to alleviate the burgeoning financial strain resulting from the medical bills,
my Client took the prudent step of submitting to ILBS with the request of acknowledging
the Certificate with respect to Economic Weaker Section ("EWS Certificate") issued in
the name of the father of my Client. The purpose of the said request was to secure
financial assistance that would aid in mitigating the escalating medical costs. However,
in a seemingly arbitrary manner, ILBS not only had delayed the processing of such
requests advanced by my Client but also, shockingly, proceeded to raise additional
demands for payment.

4. The most distressing aspect of this entire ordeal is the medical negligence on the part of
ILBS, which is purported to have contributed to the unfortunate demise of my Client's
father on 07.01.2023. It is with profound sadness that I must convey that the
circumstances surrounding his death have raised serious concerns and suspicions,
necessitating a thorough and impartial investigation.

5. In the aftermath of my Client's father's passing, ILBS adopted a deeply troubling

approach by withholding the mortal remains of the deceased and pressuring my Client
into signing an undertaking. It is of paramount importance to recognize that the said
undertaking as on relied upon by ILBS was extracted during a period when my Client

Address: S – 196, LGF, Panchsheel Park, New Delhi – 110017 | Email: abhiprav.singh@gmail.com
Mobile: +91- 9801178320

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 was in a state of extreme emotional vulnerability and distress. The circumstances under
which this undertaking was procured not only raise ethical questions but also cast a
shadow on its legal validity.

6. ILBS Hospital, in their unwavering resolve to retain possession of the remains of my

client's father, employed a methodology that imposed an unlawful and ethically
questionable undertaking upon my Client. This transpired at a time when my client was
grappling with the emotional maelstrom of his father's ailment and subsequent demise
and it can well be understood that the undertaking was executed during a period when
my client was in a vulnerable and emotionally distressed state, which, we assert, impeded
his capacity to make informed decisions. Of paramount importance is the revelation that
my client's family experienced a regrettable form of undue duress and coercion at the
hands of ILBS Hospital during this trying juncture.

7. Additionally, it is our contention that my client and his family were deprived of the
requisite information pertaining to the consequences and implications ensuing from the
execution of the undertaking. The actions undertaken by the hospital personnel bear the
hallmarks of exploitation and undue coercion, capitalizing on my client's state of
emotional fragility during a moment of profound grief and distress.

8. In light of these gravely serious allegations, we posit that ILBS Hospital's actions
necessitate a comprehensive inquiry, one that delves into both the legality and ethics of
their conduct. We earnestly beseech ILBS Hospital to cooperate fully by furnishing all
pertinent records and information that pertain to the circumstances surrounding the
imposition of the undertaking and the retention of the deceased's remains.

9. Regarding the outstanding medical expenses as alleged in the subject Notice, we

emphatically deny any further obligation to make payments to ILBS. The unresolved
issues surrounding his father's treatment, coupled with the allegations of medical
negligence and the contentious circumstances surrounding the undertaking, demand a
comprehensive legal review.

10. In light of the deeply troubling sequence of events and the gravity of the conduct on the
part of ILBS, we must inform you that my Client is actively exploring the possibility of
initiating appropriate legal action against ILBS. This is not a step taken lightly but is
necessitated by the imperative of seeking justice and redress for the losses, both financial
and emotional, suffered by my Client and his family.

Therefore, in view of aforesaid facts and circumstances as mentioned hereinabove, we

hereby serve you with this formal reply to your aforementioned subject Notice. We further call
upon you to pay an amount to the tune of Rs. 20,000/- on account of the expenses incurred by
my Client towards litigation fees for hiring the services of lawyer for issuing the present reply
to your legal notice, within a period of 15 days of receipt of this present reply to your Legal
Notice. More importantly, your client is also required to withdraw the present legal notice
without any delay.

Address: S – 196, LGF, Panchsheel Park, New Delhi – 110017 | Email: abhiprav.singh@gmail.com
Mobile: +91- 9801178320

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 It is imperative to note that a duplicate of this response has been meticulously preserved
within my legal office for prospective reference and utilization in subsequent proceedings,
should they arise.

Sincerely.

ABHIPRAV SINGH
Advocate

Address: S – 196, LGF, Panchsheel Park, New Delhi – 110017 | Email: abhiprav.singh@gmail.com
Mobile: +91- 9801178320