Karnataka High Court
M/S United Brothers Healthcare ... vs Ministry Of Health Family Welfare on 30 March, 2023
Bench: Chief Justice, M.G.S. Kamal
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WA No. 198 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 198 OF 2023 (GM-RES)
BETWEEN:
M/S UNITED BROTHERS HEALTHCARE
SERVICES PVT LTD
A COMPANY REGISTERED UNDER THE COMPANIES
ACT 2013 M/S. UNITED HOSPITAL
No.110, MADHAVAN PARK CIRCLE
10TH MAIN ROAD, JAYANAGAR 3RD BLOCK
BANGALORE-560001
REPRESENTED BY ITS EXECUTIVE DIRECTOR
DR.SHANTAKUMAR MURUDA
S/O MR.CHANDRASHETTY MURUDA
Digitally AGED ABOUT 47 YEARS.
signed by
ROOPA R U ...APPELLANT
Location: (BY SRI. B.K. SAMPATH KUMAR SR. ADVOCATE
High Court of SRI. THAMMAIAH H N.,ADVOCATE)
Karnataka
AND:
1. MINISTRY OF HEALTH FAMILY WELFARE
GOVERNMENT OF INDIA
ROOM NO.348, 'A' WING
NIRMAN BHAAN,
NEW DELHI-110 011
REPTD. BY ITS SECRETARY (H AND FW).
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WA No. 198 of 2023
2. INDIAN COUNCIL OF MEDICAL RESEARCH,
V.RAMALINGASWAMI BHAWAN
P.O.BOX, NO.4911 ANSARI NAGAR
NEW DELHI-110029
REPTD. BY ITS SECRETAY DHR AND
DIRECTOR GENERAL.
3. COMPETITION COMMISSION OF INDIA
9TH FLOOR, OFFICE BLOCK-1
KIDWAI NAGAR (EAST)
NEW DELHI-110023
REPTD. BY ITS SECRETARY.
4. M/S BHARAT BIOTECH INTERNATIONAL LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
GENOME VALLEY, SHAMEERPET
HYDERBAD-500 078
TELANGANA STATE INDIA
REPRESENTED BY ITS
CHIEF FINANCIAL OFFICER
MR T.SRINIVAS.
...RESPONDENTS
(BY SRI. MADHUKAR M DESHPANDE.,ADVOCATE FOR R1;
SRI. SUGHOSH SUBRAMANYAN, ADVOCATE FOR
SRI. AKASH V.T., ADVOCATE FOR C/R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR
RECORDS IN WP No-9587/2022. b) SET ASIDE THE ORDER
DATED 16.12.2022 PASSED IN WP No-9587/2022 AND ALLOW
THIS WA BY HOLDING THAT THE WP IS MAINTAINABLE AND
ENTERTAINABLE AND REMAND THE MATTER BACK TO THE
LEARNED SINGLE JUDGE TO CONSIDER IT ON MERITS.
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WA No. 198 of 2023
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT
After arguing the matter for some time, learned
counsel for the appellant prayed for withdrawal of the
appeal and further submits that the appellant would avail
the remedies before the competent forum as observed by
the learned Single Judge in Clause 2 of the order dated
06.12.2022, but the anxiety of the appellant is that if such
remedy is availed and if the proceedings is not decided at
the earliest, the appellant who is indulging in Health Care
services will have to wait for a long period. As such, seeks
for necessary directions to be issued by this Court.
Accordingly, the appeal is allowed to be withdrawn with
liberty to the appellant to avail the remedy as has been
observed by Single judge in Clause 2 of the order dated
06.12.2022. If such remedy is availed by the appellant
approaching competent forum, the said forum to decide
WA No. 198 of 2023
the proceedings, as expeditiously as possible, considering
the nature of services in which the appellant is engaged.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RU
