ANNAII MEDICAL COLLEGE AND HOSPITAL, AN INSTITUTION ESTABLISHED BY DEVI KARUMARIAMMAN EDUCATIONAL TRUST Vs. PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) Petitioner/Institution has come up with the present Writ Petition seeking to forbear the 2nd Respondent from invoking/encashing the three Performance Bank Guarantees, all dated 01.09.2016, bearing B.G.No.1384ILG001016 for Rs.7.50 Crores, B.G.1384ILG000916 for Rs.2.00 Crores and B.G.No.1384ILG000816 for Rs.2.00 Crores, in all, totalling a sum of Rs.11.50 Crores, established by the Punjab National Bank in favour of the 2nd Respondent for and on behalf of the Petitioner College and Hospital, as stated in their Letter in MCI-34(41)(Gen.)/2017-Med./173295, dated 09.02.2018, without first following the due procedure and affording necessary opportunity to the Petitioner as mandated by the Supreme Court vide its order dated 14.09.2017 made in W.P.(Civil) No.525 of 2017.

(2.) The case of the Petitioner/Institution is, as under:

(3.) The 1st Respondent/Principal Secretary to Government, Health and Family Welfare Department, Chennai, has filed counter affidavit to the following effect: