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2021 Supreme(Bom) 1783

RAVINDRA V.GHUGE, S.G.MEHARE
Ranukai Critical Care Center & Multispecialty Hospital – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
V.S.Kadam, Advocate, S.R.Yadav, Advocate, R.K.Ingole, Advocate

JUDGMENT

S.G.MEHARE, J.

1. Rule. Rule made returnable forthwith. By the consent of the learned counsels for the parties, the petition is heard finally.

2. The petitioner, a partnership firm, running a Genetic Clinic/ Ultrasound Clinic ( Non- Invasive) Centre at Nanded, has impugned the orders, suspending the Registration Certificate and sealing the Sonography machine of the petitioner by the District Appropriate Authority/ respondent no.2 dated 20/9/2019 and dismissing the appeal by the state Appropriate Authority dated 7/12/2019.

3. The petitioner is a partnership firm running Renukai Critical Care Centre and Multispeciality Hospital. The petitioner's Hospital is registered as Genetic Clinic/ Ultrasound Clinic ( referred to as 'Clinic ' for short) with the Appropriate Authority under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 and Rules made thereunder ( the 'Act and Rules ' for short). It was registered on 19/5/2018 and is valid till 18/5/2023. Respondent no. 2 is the District Appropriate Authority.

4. Respondent no.2 had issued a show-cause notice dated 28/6/2019 to Dr. Nilesh Bastewad, the partner of the Clinic, calling upon him

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