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TMI Blog2024 (2) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing reliefs : "A. I... a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No. 1 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; B. ... a Writ of Mandamus or any other appropriate writ, order or 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; C. ... a Writ of Mandamus or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Limited ('FLPL'), a cardiac specialty hospital in 2003 in Tamil Nadu. The Petitioner, was cognizant of the fact that only if healthcare services were supplemented with advanced research and technological development, the Indian healthcare sector could meet the global standards. It was to execute this vision, that the Petitioner set up India's first Bio-Medical Special Economic Zone, Frontier Mediville in Elavur Village, Gumminipoondi Taluk, Tiruvallur District, Tamil Village in 2004. Frontier Mediville was similar to the Bio-Polis in Singapore and gained much accolades from the Government of Tamil Nadu (Respondent No. 8) so much so that it was incorporated as a part of Tamil Nadu's Vision 2023. Through the Frontier Mediville Project ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Ultimately, Frontier Mediville was constrained to be shut down with several international healthcare projects being left in abeyance - a breach of the Respondents' duties under Article 21, 51 and 253 of the Constitution of India. Further, several villagers, students were forced to go back to unskilled employment and patients left without any avail. The major roadblocks encountered by the Petitioner have been enlisted hereunder: a) FLPL was set up by the Petitioner by securing loans to the tune of INR 90 crores from Respondent No. 2 and 3. However, Respondent No. 2 and 3 arbitrarily applied real estate project terms to this medical research initiative. Not only did the Respondent No 2 and 3 disburse the loan under the real estate pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngconcern. The IBC mandate and provisions were blatantly misused to serve the interests of the Resolution Professional ('RP') and Respondent No. 2 and 3, for reasons best known to them. The NITI Aayog vide its Office Memorandum bearing No.4(4)/2018-H&FW had urged Respondent Nos. 2, 3 and 4 to treat the bank loans advanced to medical research as a different category of enterprises. These directives were blatantly ignored. c) Notably, a major contributor to a scarcity of the funds was the delay exercised by Respondents in granting sanctions and approvals for allowing research. It is pertinent to note that the SEZ project and the Research facilities were physically complete by 2010. However, the Research activities could commence only in 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany Law Tribunal dated 2 August 2018 admitting an application filed by the financial creditor under Section 7 of the Insolvency and Bankruptcy Code 2016. 5. The Special Leave Petition, which suffered from a delay of 1615 days, was dismissed when it came up before the Court today. 6. The above 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. 7. We are, therefore, not inclined to entertain a petition purportedly in the public interest on the above ground. The Writ Petition is, accordingly, dismissed. 8. Pending applications, if any, stand disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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