M/S Govinda Polytex India Pvt. Ltd v. Regional Director Northern Region, Ministry of Corporate Affairs, Delhi and Anr

O R D E R

¶1The present petition assails an order dated 09.12.2021 bearing No.Sec.16/RD(NR)/DL/R60294444/2021/10349 passed by the Regional Director (RD) (Northern Region), Ministry of Corporate Affairs, Delhi.

¶2The impugned order has been passed on an application dated

25.09.2020 preferred by the respondent no.2 Company. The said application was filed under Section 16(1)(b) of the Companies Act, 2013, whereby the respondent no.2 Company sought a direction from the learned RD to direct the petitioner company for changing / rectifying its name.

¶3A perusal of the impugned order reveals that apart from reproducing the rival contentions of the parties, no reasoning whatsoever has been given in support of its conclusion. After recording the contentions and submissions of both the parties, the impugned order concludes by making the following This is a digitally signed order. cryptic observations/ directions: "8. Now, therefore, in exercise of powers conferred on me by Section 16(3) of the Companies Act, 2013 r/w Government of India, Ministry of Corporate Affairs, Notification No. S.O. 4090 dated 19.12.2016. I hereby direct that the respondent company i.e., M/s Govinda Polytex India Private Limited, shall change its name as per procedure prescribed under the Companies Act, 2013 within three months from the date of issue of direction. Accordingly, the application filed by the applicant company is allowed with above direction and there is no order to cost."

¶4In the circumstances, the impugned order, being wholly unreasoned, is ex-facie unsustainable; the same is, accordingly, set aside.

¶5The matter is remanded to the concerned Regional Director (Northern Region), Ministry of Corporate Affairs, Delhi for consideration of the matter afresh after affording an opportunity of hearing to the respective parties. Let a reasoned order be passed thereafter under intimation to the parties. The same shall be subject to the legal rights of the concerned parties.

¶6The petition is disposed of in the above terms. Pending application/s also stands disposed of.

SACHIN DATTA, J NOVEMBER 17, 2025/r

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1180/2022 and CM APPL.3404/2022 M/S GOVINDA POLYTEX INDIA PVT. LTD. .....Petitioner Through: Mr. Roshan Santhalia, Advocate (through VC) and Mr. Aayush Mishra, Advocate. versus REGIONAL DIRECTOR NORTHERN REGION, MINISTRY OF CORPORATE AFFAIRS, DELHI AND ANR .....Respondents Through: Mr. Farman Ali, CGSC along with Ms. Usha Jamwal, Advocate for R-1. Mr. Shashank Agarwal, Advocate (through VC) for R-2. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 17.11.2025