Himachal Pradesh High Court
Simla Chemicals Pvt. Ltd vs Union Of India & Others To on 29 August, 2025
1
2025:HHC:29484
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
.
CWPs No. 13866, 13868 &
13869 of 2025
Date of Decision : 29.08.2025
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1. CWP No. 13866 of 2025
Simla Chemicals Pvt. Ltd. .....Petitioner
r Versus
Union of India & others to...Respondents.
________________________________________________________
2. CWP No. 13868 of 2025
Dharmo Care Labs Pvt. Ltd. ...Petitioner
Versus
Union of India & others ...Respondents.
________________________________________________________
3. CWP No. 13869 of 2025
Sthree Cee Caps & Cartons Pvt. Ltd. .....Petitioner
Versus
Union of India & others ...Respondents.
________________________________________________________
Coram:
The Hon'ble Mr. Justice G.S. Sandhawalia, Chief Justice.
The Hon'ble Mr. Justice Ranjan Sharma, Judge.
Whether approved for reporting?1
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1
Whether the reporters of Local Papers may be allowed to see the judgment?
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For the Petitioner(s): Mr. Hakam Bhardwaj,
Advocate for Mr. Anuj Nag,
Advocate, in all the
.
petitions.
For the Respondents: Mr. Nand Lal Thakur, Senior
Panel Counsel, for
respondents No. 1 & 2/Union
of India in CWP No. 13866 of
2025.
Mr. Lokender Paul Thakur,
Senior Panel Counsel, for
respondents No. 1 & 2/Union
of India in CWP No. 13868 of
2025.
Mr. Bharat Bhushan, Senior
Panel Counsel, for
respondents No. 1 &
2/Union of India in CWP No.
13869 of 2025.
Ms. Priyanka Chauhan,
Deputy Advocate General,
for the respondents No. 3 &
4/State in all the petitions.
G.S. Sandhawalia, Chief Justice (Oral)
Notice. Mr. Nand Lal Thakur, Mr. Lokender
Paul Thakur and Mr. Bharat Bhushan, learned Senior
Panel Counsels, accept notice on behalf of the
respondents/Union of India in the respective petitions
and Ms. Priyanka Chuahan, learned Deputy Advocate
General, accepts the same on behalf of the
respondents-State in all the petitions.
2. Counsel for the parties are agreed that
the issue in question is covered by the decision of
.
this Court in LPA No.169 of 2025, titled Union of
India and another versus Atul Sharma and
others, along with connected matters, decided
on 16.07.2025. The relevant portion of the said
judgment reads as under:
"10. Learned Single Judge found that the
appellant Union of India could not in the first set
of cases, deny the fact that the applications had
been forwarded during currency of the Scheme
and therefore, consideration had not been done.
In such circumstances, he came to the conclusion
that at least the consideration had to be made as
per the terms of the policy dated 23.04.2018
(Annexure P-1). Thus, we cannot find any fault as
such with the reasoning of the learned Single
Judge to this extent.
11. Counsel for Union of India also admits that
since each and every individual case will have to
be considered within the parameters of the said
policy, it would be appropriate that a decision
making is done by the Empowered Committee by
fixing a time frame as such. We are also of the
considered opinion that the findings as such that
the consideration was to be done by the
Empowered Committee, thus cannot be faulted
in any manner, once it is the case of the State
also that they had forwarded their cases to the
Empowered Committee. If that is so, then the
decision making as such had to be done as per
the parameters of the notification and as noticed
.
above, has now been done in one case though,
the rejection is here.
12. In such circumstances, we are of the
considered opinion that present LPAs are liable
to be disposed of in the above terms along with
writ petitions that each and every individual
case has to be considered afresh by the
Empowered Committee. Let the said exercise be
done within a period of four months from today.
Needless to say that it will be open to the
applicants, as such, to seek their remedy in
accordance with law in case there is rejection of
their case.
13. All pending applications stand disposed of
accordingly."
3. In view of the above, the present petitions
are disposed of in terms of the aforesaid judgment.
4. Pending miscellaneous application(s), if any,
shall also stand disposed of.
(G.S. Sandhawalia)
Chief Justice.
August 29, 2025 (Ranjan Sharma)
(hemlata) Judge.
