I.P. Mukerji, J.

1. Ruby General Hospital is situated right at the crossing of Eastern Metropolitan Bypass and the Gariahat connector to it. It was set up on the initiative of two brothers, Sajal, the writ petitioner and Kamal the respondent No. 6 and a friend of Kamal, Binod Prasad Sinha. Kamal and Binod are permanent residents of USA. Both are doctors. Sajal always resided in Kolkata. This hospital was conceptualized to be technologically a most modern hospital with state of the art facilities. It was named after Kamal's deceased wife. It started functioning around the middle of April, 1995. It had the distinction of being inaugurated by Mr. Jyoti Basu, the Chief Minister of West Bengal.

2. In its application to the Secretary, Department of Industrial Development, Ministry of Industry made on 31st May, 1993 for approval of Foreign Non-resident Indian Investment in the public company which owned the hospital (Ruby General Hospital Limited), it was stated that the Non-resident Indian (NRI) shareholding in the company would be subject to a ceiling of Rs. 8,00,00,000/-, not exceeding 88.88% of the total shareholding and was to be on repatriable basis. Now, "repatriable basis" a