M/S Advance Packaging Vs the UOI and Others — Himachal Pradesh HC (2025) — LawSathi Research

M/S Advance Packaging Vs the UOI and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as prayed for: findings returned in Para-21 of CWP No. 10600 of 2024 (Atul Sharma v. Union of India & others) construed to have been passed in this petition also — respondent Nos. 1 and 2 to place the matter before the Empowered Committee chaired by Secretary, DIPP, constituted in terms of Clause 6.1 of the Scheme, for registration expeditiously, preferably within four weeks, without being influenced by letters dated 9.11.2023 and 30.07.2024; petitioner to be granted incentives, as prayed for, in terms of the Scheme if found eligible; pending miscellaneous applications disposed of accordingly.

Issue for consideration

Whether the writ petition, raising an issue identical to that in CWP No. 10600 of 2024 (Atul Sharma v. Union of India & others), should be disposed of in light of the findings returned in Para-21 of that judgment.

Court's answer

The matter raised in the writ petition is squarely covered by the judgment in CWP No. 10600 of 2024 being relied upon by learned counsel for the petitioner, and this was not disputed by learned counsel for the respondents.

Ratio / Principle

The findings returned in CWP No. 10600 of 2024 (Supra) shall be construed to have been passed in the present Writ Petition also.

Key takeaways

By adopting Para-21 of CWP No. 10600 of 2024, respondent Nos. 1 and 2 are to place the matter before the Empowered Committee chaired by Secretary, DIPP, constituted in terms of Clause 6.1 of the Scheme, for registration expeditiously, preferably within four weeks, without being influenced by letters dated 9.11.2023 and 30.07.2024; the petitioner is to be granted incentives, as prayed for, in terms of the Scheme if found eligible.ratio¶23
Pending miscellaneous application(s), if any, stand disposed of accordingly.ratio¶28

Detailed headnote1 paragraphs

M/s Advance Packaging v. Union of India & Ors., CWP No. 4952 of 2025 (High Court of Himachal Pradesh at Shimla, decided 04.04.2025) — Ajay Mohan Goel, J. (oral): Writ petition disposed of as prayed for, the issue being squarely covered by the Coordinate Bench judgment in Atul Sharma v. Union of India & others, CWP No. 10600 of 2024, decided 06.01.2025, a coverage not disputed by the respondents; the findings in Para-21 of that judgment were construed to have been passed in the present writ petition also — respondent Nos. 1 and 2 directed to place the matter before the Empowered Committee chaired by Secretary, DIPP, constituted in terms of Clause 6.1 of the Scheme, for registration expeditiously, preferably within four weeks, without being influenced by letters dated 9.11.2023 and 30.07.2024; incentives, as prayed for, in terms of the Scheme to be granted if the petitioner is found eligible; pending miscellaneous applications disposed of accordingly.

IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

CWP No. 4952 of 2025 Decided on 04^th April 2025

M/s Advance Packaging

…Petitioner

Versus

Union of India and others

…Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting?

For the petitioner: Mr. Atul Jhingan, Advocate.

For the respondents: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate, 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. Balram Sharma, learned Deputy

Solicitor General of India 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.

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2. Learned Counsel for the petitioner submits that the

issue raised by the petitioner is squarely covered by the 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

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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 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)