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2022 Supreme(Kar) 461

United Brothers Healthcare Services Pvt. Ltd. , Represented by Its Executive Director Dr. Shantakumar Muruda S/o. Mr. Chandrashetty Muruda – Appellant
Versus
Ministry Of Health And Family Welfare, Government Of India, Represented By Its Secretary (H. AND F. W. ) – Respondent


Advocates Appeared:
For the Petitioner:Sri B.K. Sampath Kumar, Sri. Thammaiah H.N., Advocate
For the Respondents:Sri Jagannath V.C., Sri Madhukar Deshpande, Sri Harish B.N., Sr. Advocate for Smt. Nayana Tara B.G., Sri Akash V.T.

ORDER :

1. The petitioner-M/s. United Brothers Healthcare Services Private Limited through its unit M/s United Hospital (‘the Hospital’ for short) is before this Court seeking to quash supply agreement dated 02-07-2021, revised letter of consent dated 13-12-2021 and also recovery of money from the hands of the 4th respondent -M/s. Bharat Biotech International Limited (‘the Company’ for short). Therefore, the issue in the lis is concerning a private contract between the two private entities.

2. Facts adumbrated are as follows:-

The petitioner/Hospital claims to be a state-of-the-art 50 bedded super speciality hospital in the south of Bangalore and also claims to have in-depth expertise in advanced medical and surgical interventions. It is further averred that the Hospital is engaged in procurement, storage and administering COVID-19 vaccines to people on non-commercial terms. It need not be elaborated in any great detail as it is in public domain that the entire globe was engulfed with pandemic COVID-19.

3. The National Institute of Virology, the Institute which is under the control of the 2nd respondent/Indian Council of Medical Research succeeds in isolating the viral strain of COVI

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