M/S NIKVIN HEALTHCARE INDIA PVT LTD v. UOI AND OTHERS
CWP/6570/2026 · 2026-05-04
Jyotsna Rewal Dua
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7510 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7510 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.6570 of 2026
Decided on: 4th May, 2026 ------------------------------------------------------------------------------------- M/S Nikvin Healthcare India Pvt. Ltd. …..Petitioner
Versus
Union of India and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ajay Thakur, Advocate. For the Respondents: Mr. Dikken Thakur, Advocate vice Mr. Nand Lal Thakur, Senior Panel Counsel, for respondents No.1 to 3. Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General, for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. Dikken Thakur, Advocate vice Mr. Nand Lal Thakur, learned Senior Panel Counsel and Mr. L.N. Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4, respectively. 2. This writ petition has been filed for the grant of following substantive reliefs:-
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
“i. That appropriate writ in the nature of certiorari or any other appropriate writ orders or directions may very kindly be issued for quashing & setting aside and/or read down/struck down impugned letter dated 9.11.2023 i.e., Annexure P-6 and impugned communication dated 30.07.2024 i.e., Annexure P-7, qua Petitioner Company to the extent it is applicable & did not give the final approval to the application under IDS, 2017 for claim/incentives. Claim of the Petitioner Company is squarely covered by the Judgment dated 6.0T.2025 passed by Hon’ble Court in CWP No. 10600/2024 titled as. Atul Sharma Versus Union of India and others and other connected matters i.e. Annexure P-8. ii. That appropriate writ in the nature of mandamus or any other appropriate writ orders or directions may very kindly be issued to the respondents directing them to accept the online application of the Petitioner Company and give it final approval for the benefits of IDS, 2017 & grant it eligible claim/incentives without further delay. iii. That appropriate writ in the nature of mandamus or any other appropriate writ orders or direction may very kindly be issued to the respondents directing them to accept the application and other required documents of the Petitioner Company under benefits IDS, 2017 for grant of claim/incentives in manual manner by physical mode in the offices of host departments.
Directions may very kindly be passed that in future no industrial development scheme will be initiated through online live portal mode to maintain transparency & fairness and to avoid this online cheating/fraud in the name of live portal which respondents are playing with Petitioner Company & other similarly situated industrial units from last seven years. One time relaxation may very kindly be granted to Petitioner Company to file its claim under IDS, 2017.”
3. Learned counsel for the parties are ad idem that the relief prayed for by the petitioner has already been adjudicated upon in Atul Sharma Versus Union of India
3
and others2. The aforesaid decision is stated to have attained finality by the dismissal of Union of India and another Versus Atul Sharma and others3, further affirmed by the Hon’ble Apex Court in Union of India & Anr. Versus Atul Sharma & Ors.4. Learned counsel for the parties jointly submit that this writ petition be disposed of by mutatis mutandis applying the directions issued in Atul Sharma2 in the instant case as well. 4. In view of above, this writ petition is disposed of with the order that the directions issued in Atul Sharma2 shall mutatis mutandis apply to the instant case as well. Parties to take consequent action accordingly. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 04, 2026
Judge Mukesh
2 CWP No.10600 of 2024, decided alongwith connected matters on 06.01.2025 3 LPA No.169 of 2025, decided alongwith connected matters on 16.07.2025 4 Special Leave Petition (Civil) Diary No(s).65239/2025, decided on 30.01.2026