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2025 DAILYLAW 10862 (HP)

M/S UNITED BIOTECH PVT LTD v. THE UOI AND OTHERS

CWP/4975/2025 · 2025-04-04

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 4975 of 2025 Decided on 04th April 2025 M/s United Biotech Pvt. Ltd. …Petitioner Versus Union of India and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: M/s Manvender Singh, Varuun Thakur and Aakash Thakur, Advocates. For the respondents: Mr. Lokender Paul Thakur, Senior Panel Counsel, for respondents No.1 and 2. Mr. Pushpinder Singh Jawal, Additional Advocate General, for respondents No.3 and 4. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Lokender Paul Thakur, learned Senior Panel Counsel and Mr. Pushpinder Jaswal, learned Additional Advocate General, accept notice on behalf of respondents No. 1 and 2 and respondents No. 3 and 4, respectively. 2. Learned Counsel for the petitioner submits that the issue raised by the petitioner is squarely covered by the 2 judgment of Hon'ble Coordinate Bench of this Court, passed in CWP No. 10600 of 2024, titled as Atul Sharma Versus Union of India & others alongwith connected matters, decided on 06.01.2025 and it would be in the interest of justice, in case, this Writ Petition is disposed of in light of the findings returned by Hon'ble Coordinate Bench in Para-21 thereof, by ordering that the same be construed to have been passed in the present Writ Petition. 3. As it could not be disputed by learned Counsel for the respondents that the matter is squarely covered by the judgment being relied upon by learned counsel for the petitioner, this petition is disposed of, as prayed for, with the observation that the findings returned in CWP No. 10600 of 2024 (Supra), shall be construed to have been passed in the present Writ Petition also. Para-21 thereof is being quoted herein below:- "21. Consequently, in view of the detailed discussion made herein as well as law taken into consideration, this Court finds merit in the present petitions and accordingly same are allowed with a direction to respondent Nos. 1 and 2 to place the matter before the Empowered Committee chaired by Secretary, DIPP, constitute in terms of Clause 6.1 of the 3 Scheme, for registration expeditiously, preferably within a period of four weeks, without being influenced by letters dated 9.11.2023 and 30.07.2024. Needless to say, petitioners shall be granted incentives, as prayed for, in terms of the Scheme, if they are found eligible. Pending applications, if any, also stand disposed of. Interim order, if any, is vacated." 4. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 04, 2025 (Vinod)