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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 18.11.2025

Judgment pronounced on: 19.12.2025

+ LPA 891/2011 & CM APPL. 19817/2011 (Stay)

UNION OF INDIA & ANR. .....Appellants

Through: Mr. Arnav Kumar, Ms Savi

Garga & Mr. Adit Garg, Advs.

versus

BEST LABORATORIES PVT. LTD. .....Respondent

Through: Mr. Ashish Verma, Mr. Akhil

Ranganathan, Mr. Saksham Thareja, Mr. Nikhil Thakur &

Ms. Kriti, Advs.

+ LPA 859/2013 & CM APPL. 18085/2013 (Addl. Doc.)

SHIMAL INVESTMENT AND TRADING CO (PRESENTLY

KNOWN AS RHC HOLDING PRIVATE LIMITED)

.....Appellant

Through: Appearance not given.

versus

UNION OF INDIA & ORS. .....Respondents

Through: Mr. Arnav Kumar, Ms Savi

Garga & Mr. Adit Garg, Advs.

+ LPA 894/2013 & CM APPL. 31989/2017 (Dir.)

UNION OF INDIA & ANR. .....Appellants

Through: Mr. Arnav Kumar, Ms Savi

Garga & Mr. Adit Garg, Advs.

versus

Signature Not Verified

D By ig :H ita A ll R y V S I i N gn D e

SHIMAL INVESTMENT AND TRADING CO.

.....Respondent Through: Appearance not given.

+ LPA 94/2019 M/S AMKAY LABORATORIES PVT. LTD. .....Appellant Through: Mr. Piyush Sharma, Mr.Anuj Kumar Sharma & Mr. Aditya Dikshit, Advs.

versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Arnav Kumar, Ms Savi Garga & Mr. Adit Garg, Advs.

+ LPA 96/2019 M/S AMKAY LABORATORIES PVT. LTD. .....Appellant Through: Mr. Piyush Sharma, Mr. Anuj Kumar Sharma & Mr. Aditya Dikshit, Advs.

versus UNION OF INDIA & ANR. .....Respondents Through: Appearance not given.

+ LPA 132/2019 & CM APPL. 9401/2019 (stay)

UNION OF INDIA & ANR. .....Appellants Through: Mr. Vikram Jetly, CGSC with Ms. Shreya Jetly, Adv.

versus M/S HESA PHARMACEUTICA .....Respondent Through: Mr. R Sudhinder, Ms. Prerana Signature Not Verified D By ig :H ita A ll R y V S I i N gn D e Amitabh & Ms. Anushka Sharma, Advs.

+ LPA 151/2019 & CM APPL. 10054/2019 (stay)

UNION OF INDIA & ANR. .....Appellants Through: Mr. Arnav Kumar, Ms Savi Garga & Mr. Adit Garg, Advs.

versus M/S AMKAY LABORATORIES PRIVATE LTD.

.....Respondent Through: Mr. Piyush Sharma, Mr.Anuj Kumar Sharma & Mr. Aditya Dikshit, Advs.

+ LPA 157/2019 & CM APPL. 10150/2019 (stay)

UNION OF INDIA & ANR. .....Appellants Through: Mr. Arnav Kumar, Ms Savi Garga & Mr. Adit Garg, Advs.

versus M/S AMKAY LABORATORIES PRIVATE LTD.

.....Respondent Through: Mr. Piyush Sharma, Mr. Anuj Kumar Sharma & Mr. Aditya Dikshit, Advs.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

J U D G M E N T

HARISH VAIDYANATHAN SHANKAR J.

1. The present batch of Appeals primarily raises challenges on two issues, which are stated to stand covered by the Judgment of the Signature Not Verified D By ig :H ita A ll R y V S I i N gn D e Allahabad High Court in T.C. Healthcare Pvt. Ltd. and Ors. v. Union of India, 2010 SCC OnLine All 834. The said Judgment was subsequently affirmed by a three- Judge Bench of the Hon‟ble Supreme Court in T.C. Healthcare Pvt.

Ltd. and Ors. v. Union of India, 2020 15 SCC 117.

2. As the present batch of Appeals raises common issues which are stated to have already been conclusively settled by the aforesaid Judgments and no further adjudication is asserted to be necessary, we propose to dispose of the present batch of Appeals by way of this common Judgment.

3. For the sake of clarity and consistency, in the present Judgment, we propose to refer to the governmental authorities collectively as the “Union of India”, while the pharmaceutical companies that approached the learned Single Judge by way of writ petitions shall be referred to as the “Private Parties”

4. The Judgment of the Hon‟ble Supreme Court in T.C. Healthcare (supra) was thereafter sought to be reviewed by the Union of India; however, the Review Petition came to be dismissed by the Hon‟ble Supreme Court both on the ground of delay as well as on merits.

5. The matter did not conclude at the stage of review, as the Union of India proceeded to file a Curative Petition before the Hon‟ble Supreme Court, which too was dismissed vide order dated 24.08.2022. 6. The two main issues that Union o