HARSH PAL SINGH AND ANR. vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11.03.2025 + W.P.(C) 10726/2017, CM APPL. 43907/2017 HARSH PAL SINGH AND ANR. .....Petitioners Through: Mr. Arun Saxena, Mr. Amit Verma, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Sarvan Kumar, Mr. Satyam Singh, Advs. with Mr. Denning K. Babu, Delhi RoC (through VC) CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. Learned Counsel for the Petitioners submits that although the present Petition was filed with multiple prayers, the Petitioners had, on the last date of hearing, restricted themselves to prayer (H), which is set out below: “H. Direct the Respondent no. 1 and 2 herein to change back the status of the Respondent no. 3 Company from ''Active" to "Struck-off" as the same was finally approved by the Respondent no. 2 on 11.01.2016 (notice u/s 560(5)) on an application of FTE filed by the Petitioner no. 1;” 2. The principal grievance of the Petitioners is that the Petitioners’ company i.e. Ambe Organic Food Products Pvt. Ltd. [hereinafter referred to as ‘the Company’] was revived after being struck off without following the due process and in contravention of provisions of Section 560(5) of the Signature Not Verified Digitally Signed By:RAHUL Signing Date:26.03.2025 W.P.(C) 10726/2017 Page 1 of 6 08:10:56 Companies Act, 1956 [hereinafter referred to as ‘1956 Act’] which is pari materia to proviso of Section 248 of the Companies Act, 2013 [hereinafter referred to as ‘2013 Act’]. 3. Learned Counsel for the Petitioners submits that originally the Company was incorporated on 15.06.2009, with two Directors and two Shareholders i.e. Petitioner No.1 and one Sh. Niranjan Mittal. However, since its inception, the Company c