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2024 (2) TMI 68 - SCH - Indian LawsDirection to formulate guidelines/scheme for grant of sanctions/approval/clearances for speedy and effective implementation of time-sensitive medical research, to secure the right to health under Article 21 of the Constitution of India, 1950 - direction directing the Respondent No. 1 to take necessary steps to give effect to clause 2.3.3 of the National Health Policy, 2017 for facilitating growth of Private Medical Research Institutions, and promotion of life-saving medical technologies for attainment of Public Health Goals - direction to formulate a framework for revival and rehabilitation of Medical Research Institutions which are in, incipient stress to secure public interest under Section 21 of the Banking Regulation Act, 1949 - direction to Respondent No. 6 to constitute a Committee to examine the irregularities in the conduct of the Corporate Insolvency Resolution Proceedings pertaining to Frontier Lifeline Private Limited initiated pursuant to the order of the Ld. National Company Law Tribunal, Chennai Bench. HELD THAT - The Special Leave Petition, which suffered from a delay of 1615 days, was dismissed when it came up before the Court today - The narration will clearly indicate that what is now preferred as a petition, which was purportedly filed in the public interest, is, in fact, relatable to the petitioner s specific grievance in regard to proceedings of insolvency against FLPL. Petition not entertained purportedly in the public interest - petition dismissed.
Issues involved:
The issues involved in the judgment are the invocation of jurisdiction under Article 32 of the Constitution for seeking reliefs related to medical research, formulation of guidelines for approvals, revival of medical research institutions, irregularities in insolvency proceedings, and dismissal of a Special Leave Petition challenging insolvency proceedings. Relief sought for medical research: The petitioner sought a Writ of Mandamus for the formulation of guidelines for grant of sanctions for time-sensitive medical research, in line with the National Health Policy, 2017, and for the revival of Medical Research Institutions. The petitioner highlighted regulatory delays and financial roadblocks faced in advancing medical research. Establishment of Frontier Lifeline Private Limited: The petitioner established Frontier Lifeline Private Limited (FLPL) as a cardiac specialty hospital with a vision to bridge healthcare gaps through advanced research. Despite impactful projects and collaborations, regulatory delays, financial challenges, and insolvency proceedings led to the closure of FLPL, affecting healthcare access and employment opportunities. Insolvency and Bankruptcy Code proceedings: The petitioner's establishment, FLPL, became subject to insolvency proceedings under the Insolvency and Bankruptcy Code, 2016. Challenges included arbitrary loan terms, rapid escalation of liabilities, refusal of revival offers, and liquidation. The conduct of Resolution Professional and financial creditors was questioned, alleging misuse of insolvency provisions. Dismissal of Special Leave Petition: A Special Leave Petition challenging insolvency proceedings was dismissed due to a significant delay. The Court noted that the petition, seemingly filed in the public interest, primarily addressed the petitioner's specific grievances regarding FLPL's insolvency proceedings. Consequently, the Court declined to entertain a petition purportedly in the public interest and dismissed the Writ Petition. Conclusion: The judgment highlighted the petitioner's efforts in medical research, challenges faced in regulatory approvals and financial matters, and the ultimate closure of FLPL due to insolvency proceedings. The dismissal of the Special Leave Petition emphasized the Court's stance on addressing specific grievances within the scope of public interest petitions.
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