In Divya Pharmacy v. Union of India (Uttarakhand High Court, 2018), the petitioner, an Indian company…

Justice Sudhanshu Dhulia held that the "SBB has got powers to demand Fair and Equitable Benefit Sharing from the petitioner", and dismissed the writ petition. The court refused to confine benefit sharing to foreign entities, because that would defeat the purpose of the Act. The 2023 amendment now expressly lets State Boards determine benefit sharing under section 23(ba).