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Bombay High CourtWP/4193/2021disposed off

Meenal Sawant And ANR v. Union Of India And ORS

2022-07-29Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice S. M. Modak2 pages

905. WP 4193 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4193 OF 2021 Meenal Sawant and Anr.

...Petitioners

vs.

Union of India and Ors.

...Respondents

***** Mr. Nitin Pradhan - Sr. Counsel i/by S. D. Khot - Advocate for the Petitioners Mr. M. P. Thakur - AGP for the Respondent Nos. 10 and 11. Mrs. Shehnaz V. Bharucha, Advocate a/w Ms. Sangeeta Yadav - Advocate for the Respondent No. 9.

Mr. Anil C. Singh, ASG a/w Mr. Aditya Thakkar, Mr. D. P. Singh - Advocate for the Respondent Nos. 1 to 6.

***** CORAM :

S.V. GANGAPURWALA AND S. M. MODAK, JJ.

DATE :

29th JULY, 2022 P. C. :- 1.

We have heard Mr. Nitin Pradhan, learned Senior counsel for the Petitioners.

2.

The Petitioners seek directions such as allowing import of embryo of the Petitioners. According to the learned Senior Counsel for the Petitioners the embryo are of the Petitioner Nos. 1 and 2 and the said embryo is required for the personal use of the Petitioners. 3.

According to the Mr. Anil C. Singh, learned ASG there is an absolute bar for importing the embryo incorporated under the Assisted Reproductive SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2022.07.29 18:23:50 +0530 Seema 1/2

905. WP 4193 of 2021.doc Technology Regulation Act, 2021. Section 29 of the said Act permits the transfers within the country and outside the India but there is no provision facilitating import of the embryo. 3.

The National board is constituted. It can consider all the aspects of the matter i.e. the case of the Petitioners and defence of the Respondents. 4.

We are told that the National Board would be sitting on 01/08/2022 with regard to another matter. The present matter also be considered by the same board on the said date. The parties may remain present on 01/08/2022. The board may consider the case of the Petitioners and defence of the Respondents and take decision on its own merits.

5.

Writ Petition is disposed of. No costs.

[S. M. MODAK, J.] [S.V. GANGAPURWALA,J.] Seema 2/2