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No interim relief to Colaba IVF clinic doctors

A division bench of justices SC Dharmadhikari and GS Kulkarni observing that they were not experts and would not want to comment on such a delicate and sensitive issue refused to grant interim relief in terms of allowing the doctor couple to provide treatment to their current patients.

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The Bombay High Court on Friday refused to grant interim relief to doctor couple running an IVF clinic at Colaba, whose licenses were suspended for three months following complaints that they made promises of guaranteed pregnancy on their clinic website and even offered refund if the treatment failed.

A division bench of justices SC Dharmadhikari and GS Kulkarni observing that they were not experts and would not want to comment on such a delicate and sensitive issue refused to grant interim relief in terms of allowing the doctor couple to provide treatment to their current patients.

The bench also orally warned the Maharashtra Medical Council from making any statements to the media with regards to the case as the matter was subjudiced and told them to file a detailed affidavit and produce the original records, on the next date of hearing. The court has posted the matter on April 29.

The council has suspended the license of Dr Aniruddha Malpani and Dr Anjali Malpani. The complaint against the couple was filed by the Advertising Standards Council of India, in 2014 and the suspension of their registrations came after nearly a three-year long inquiry during which the doctor couple was called to depose before a committee on three occasions.

Though the Malpanis removed the offer — which guaranteed pregnancy in four IVF cycles and a full refund if the treatment failed — from their website in December 2014, the medical council continued its probe. The final order suspending the two doctors' registration for three months was issued in March this year under the Medical Council's Code of Ethics, 2002.

This is the first time the Maharashtra Medical Council has cancelled the registration of doctors over misleading ads. Until now, the council used to issue only warnings to doctors. Leading hospitals and doctors may now face similar action.

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