M/S. Grant Medical Foundation v. The Union Of India, Through Secretary, Ministry Of Finance, Dept Of Revenue And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2022.12.23 17:24:11 +0530 901-wp-8889-2014.doc Trupti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8889 OF 2014 M/s. Grant Medical Foundation ... Petitioner vs.

The Union of India Through the Secretary, Ministry of Finance & Ors.

... Respondents ......

Mr. Sriram Sridharan for the Petitioner.

Mr. J.B.Mishra with Ms. Sangeeta Yadav for Respondent Nos. 2 and 3.

......

CORAM : NITIN JAMDAR AND GAURI GODSE, JJ.

DATE : 21 DECEMBER 2022 P.C.:

Heard the learned Counsel for the parties.

2.

The Petitioner is a public charitable trust, which is conducting a hospital. The Petitioner has sought to quash the impugned letters dated 3 July 2013, 17 December 2013 and 26 March 2014 calling upon the Petitioner to pay certain amounts as demanded. 3.

The Petitioner, in the writ petition itself has stated that the issue involved in this petition is identical to writ petition no. 8256 of 2012 filed by the Bombay Hospital Trust V/s. Union of India, 1/2

901-wp-8889-2014.doc through Secretary, Ministry of Finance Dept. of Revenue & Ors. This assertion of the Petitioner is not in dispute before us. 4.

When writ petition no. 8256 of 2012 was placed before the Division Bench of this Court for consideration on 26 August 2012, the following order was passed :

"1 Mr. Sridharan states that the challenge in this petition is squarely covered by the judgment of this court in Writ Petition No. 1701 of 2019 dated 28th July 2022 in the matter of Insight Diagnostic Oncological & Research Institute Pvt. Ltd. & Anr. Vs. The Union of India & Ors. Mr. Deshmukh in fairness, as an officer of the court, agrees with Mr. Sridharan.

In the circumstances, Rule issued on 31st October 2012 is made absolute.

Petition disposed".

5.

The learned Counsel for Respondent Nos. 2 and 3 states that the stand is taken in writ petition no. 8256 of 2012 is being taken in this petition as well.

6.

In light thereof, Rule is made absolute in terms of prayer clause (a). The impugned letters are quashed and set aside. 7.

The writ petition is accordingly disposed of. (GAURI GODSE, J.) (NITIN JAMDAR, J.) 2/2