Delicious Coco Water Private Ltd. Vs Small Industrial Development Bank of India & Anr. — Delhi HC (2025) — LawSathi Research

Delicious Coco Water Private Ltd. Vs Small Industrial Development Bank of India & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition (and pending application) disposed of upon withdrawal, with liberty to the petitioner to approach the NCLT for further relief, and a clarification that the withdrawal will not preclude respondent No. 1 from issuing the necessary certificate to the petitioner.

Issue for consideration

Whether Respondent No. 1 (SIDBI) could be directed by writ of mandamus to issue a no-objection certificate in terms of the revised compromise scheme approved by NCLT Delhi (order dated 17.02.2023), whose successful implementation was recorded by the NCLT on 09.08.2024. (Raised by the prayer; not adjudicated — petition was withdrawn.)

Ratio / Principle

Permission was granted to the petitioner to withdraw the writ petition with liberty to approach the NCLT for further relief, and the petition, along with the pending application, was disposed of.

Key takeaways

The Court expressly clarified that the withdrawal of the writ petition will not come in the way of respondent No. 1 issuing the necessary certificate to the petitioner.obiter¶17

Detailed headnote1 paragraphs

W.P.(C) 16192/2025 — Delicious Coco Water Private Ltd. v. Small Industrial Development Bank of India & Anr. (High Court of Delhi, Prateek Jalan, J., 10.11.2025): Writ petition praying for a mandamus directing Respondent No. 1 (SIDBI) to issue a no-objection certificate under the revised compromise scheme approved by NCLT Delhi (order dated 17.02.2023), successful implementation having been recorded by NCLT (order dated 09.08.2024), was withdrawn after counsel for Respondent No. 1 informed the Court that a similar application by the petitioner's former promoter was already pending before the NCLT (listed for 03.12.2025). Petition and pending application were disposed of with liberty to seek further relief from the NCLT, and the Court clarified that the withdrawal would not preclude Respondent No. 1 from issuing the necessary certificate. No statutory provision or precedent was cited; the underlying grievance was not adjudicated.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 16192/2025 & CM APPL. 66266/2025 DELICIOUS COCO WATER PRIVATE LTD. .....Petitioner Through: Mr. Karan Suneja, Advocate.

versus

SMALL INDUSTRIAL DEVELOPMENT BANK OF INDIA & ANR. .....Respondents Through: Mr. Mohd Moonis Abbasi, Advocate for R-1.

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R % 10.11.2025

The present writ petition has been filed for the following reliefs:

“1. Allow the present writ petition filed on behalf of the petitioner thereby issuing a writ of mandamus or any other writ/order/direction to direct the Respondent No. 1 to issue no-objection certificate in terms of the revised compromise scheme accepted by the Respondent no. 1 which was approved by the Hon’ble NCLT, Delhi vide order dated 17.02.2023 and successful implementation of the scheme as evident from order dated 09.08.2024 passed by the Hon’ble NCLT, Delhi.”

According to Mr. Karan Suneja, learned counsel for the petitioner, the petitioner has complied with the Scheme, which was approved by the National Company Law Tribunal [“NCLT”] vide order dated 17.02.2023, and successful implementation has also been recorded by the NCLT vide order dated 09.08.2024. However, he submits that the respondent No. 1 has not issued a No Objection Certificate.

Mr. Mohd. Moonis Abbasi, learned counsel for respondent No. 1,

W.P.(C) 16192/2025 Page 1 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/11/2025 at 12:27:09

submits that another application for the same relief (by the former promoter of the petitioner – Company) is pending before the NCLT. I am informed that the said application is listed before the NCLT on 03.12.2025.

In these circumstances, Mr. Suneja seeks permission to withdraw this petition with liberty to approach the NCLT for further relief. 5. The petition, alongwith the pending application, is disposed of with the above observations.

It is made clear that the withdrawal of this writ petition will not come in the way of respondent No. 1 issuing the necessary certificate to the petitioner.

PRATEEK JALAN, J

NOVEMBER 10, 2025 “Bhupi/JM”/

W.P.(C) 16192/2025 Page 2 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/11/2025 at 12:27:09