2008 (10) TMI 56

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.... Appellant. S/Shri A.S. Rao with Smt. S.V. Bharucha for the Respondent. [Order].-P.C. : It is common ground that the questions of law (d) to (j) are concerned, the same are covered by the judgments of this Court in the case of Wockhardt Hospital 2006 (200) ELT 15 (Bom.) and in the case of Bombay Hospital Trust 2006 (201) 555 (Bom). 2. So far as questions (a), (b) and (c) are concerned, it is ad....

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....ory 2 to category 1. However, it appears that the case of the appellant is covered by the judgment of the Supreme Court in the case of Jaslok Hospital & Research Centre v. Union of India & Others reported in [2007 (218) E.L.T. 170 (S.C.)]. The Supreme Court was considering the judgment of a Division Bench of this Court in the case of Jaslok Hospital & Research Centre v. Union of India. In that cas....

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....iew that the appellant is not entitled to the relief sought for. The appellant had given up its challenge to the communication dated 14th November, 2000 canceling/withdrawing the CDECs issued to the appellant for having violated the conditions laid down for grant of exemption. The effect of the communication dated 14th  November, 2000 is that the appellant is not entitled to the exemption und....

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....Jaslok Hospital & Research Centre is that in that case cancellation was not challenged by the hospital and was accepted and application for change was made after three years. In the present case, according to the learned counsel as the appellant has challenged cancellation and has thereafter immediately applied for change in the category, the law laid down by the Supreme Court in the case of Jaslo....