:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1030 OF 2008 WITH CIVIL APPLICATION NO.2665 OF 2008 Umesh Dhuri. ...Appellant. Vs. Dr. Sunil Agarwal. ...Respondent. Mr.A.S.Rai for the Appellant. CORAM: R.S. MOHITE, J. DATE : 18th June,2008 P.C. P.C. P.C. 1. This is a first appeal impugning the judgment and order passed by the City Civil Court in Summary Suit No.4907 of 2006.This appeal is filed by the original defendant who was patient of the original plaintiff Dr. Sunil Agarwal. It is admitted position that the plaintiff/respondent had operated the present appellant (defendant) and raised the bill of Rs.30,000/-. It was represented to the doctor that there was insurance cover by a insurance company. Relying upon that assurance, the respondent conducted the operation. Subsequently, the Insurance company which had assured payment, refused to pay on the ground of some discrepancy in the complaint between the two hospitals. In these circumstances, the plaintiff Doctor sued the present appellant for recovery of his bill of Rs.30,000/- and the suit has been decreed. This is the case where factum of operation is not disputed. What is :2: contended is that the Insurance company having given an assurance to honour the claim did not in fact honour the claim. There is no substance in this contention as there is no privity of contract between the Insurance company and the Doctor. The so called assurance is not the contract. It was always open to the present appellant/defendant to sue the Insurance Company for breach of contract. The defendant has chosen not to sue the Insurance Company. If for any reason the Insurance Company did not pay the amount to the doctor, it was open for the doctor to recover the amount which is principally due from the patient. There is no substance in the first appeal. Appeal is therefore, dismissed. C.C.No.2665 of 2008 1. As the first appeal is dismissed, civil application does not survive and the same is also dismissed. (R.S. MOHITE, J.)