Agi Greenpac Limited v. Competition Commission Of India

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1780/2026, CM APPL. 8635/2026, CM APPL. 15873/2026 & CM APPL. 15874/2026 AGI GREENPAC LIMITED .....Petitioner Through:

Mr. Sanjay Jain, Mr. Vaibhav Gaggar, Senior Advocates with Mr. Akshay Nanda, Ms, Vaishali Goyal, Mr.

Raahul Sharma, Mr. Rahul Dhingra, Mr. Rohan Malhotra, Ms. Harshita Sukhija, Mr. Abhishek Nain, Ms.

Rishika Agrawal, Ms. Priya Tyagi, Mr. Rishank Tripathi, Ms. Srishti Juneja, Ms. Kanika Singh, Mr. Saurav Deep, Advocates.

versus COMPETITION COMMISSION OF INDIA .....Respondent Through:

Mr. Udayan Jain, Mr. Ranjan Mishra, Mr. Harsh Jaiswal, Advocates for CCI.

Mr. Utsav Trivedi, Ms. Manini Roy, Ms. Nandini Acharya, Ms. Sanjana Rai, Advocates for the Independent Sugar Corporation Ltd./R-2.

Mr.

Saurabh Kirpal, Sr.

Adv.

alongwith Mr. Siddhant Kant, Mr.

Rajat Chaudhary, Ms.

Moulshra Shukla, Ms.

Gayathri Balasubhramanian, Advocates for Committee of Creditors of HNGIL.

Mr. Yadunath Bhargava, Mr. Akshay Chandra, Mr.

Rahul Chaudhary, Advocates for Intervenor.

Mr. Rajiv Nayar, Senior Advocate with Mr. Utsav Trivedi, Ms. Manini The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Roy, Ms. Nandini Acharya and Ms.

Sanjana Rai, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 16.03.2026 1.

The present petition seeks following prayers: "a) Issue a Writ of mandamus or any other appropriate writ, order or direction directing the Respondent to expeditiously dispose off the Petitioner's Subject Representations dated 24th November 2025 and 17th December 2025, after granting the Petitioner as opportunity of hearing, in a timebound period as may be deemed fit by this Hon'ble Court; and / or b) Pass any other or further order(s) as this Hon'ble court deem fit and proper in the interest of justice, equity and good conscience." 2.

Counsel for the Petitioner submits that the aforesaid representations are pending consideration before the Respondent and require expeditious disposal. Reliance is also placed on order dated 08th July, 2025 passed in W.P.(C) 9079/2025, whereby, in similar circumstances, this Court had directed CCI to decide the Petitioner's representations, without prejudice to the rights and contentions of the parties.

3.

Counsel appearing for the Competition Commission of India, at the outset, raises an objection as to the maintainability of the present petition on the ground that there is no statutory provision mandating consideration of such representations. However, upon a query from this Court with regard to the present status of the representations, it is submitted, on instructions, that the same are presently under "active consideration". 4.

Mr. Rajiv Nayar, Senior Counsel appearing for the successful resolution applicant, Independent Sugar Corporation Limited, though not a party to the present petition but appearing in connected matters, submits, on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

instructions, that identical issue is presently pending consideration before the National Company Law Tribunal.

5.

In view of the aforesaid, considering the fact that the CCI is already considering the representations, the Court's direction would only set the timeline. Accordingly, the Respondent is directed to consider and decide the Petitioner's representations dated 24th November, 2025 and 17th December, 2025, in accordance with law, within a period of 6 weeks from today. 6.

It is clarified that the aforesaid direction shall not be construed as overruling the Respondents' objection as to plea of maintainability. All objections of the Respondents in this regard are kept open and may be urged, if necessary, in any proceedings that may arise from the decision on the representation.

7.

Accordingly, the present petition is disposed of. SANJEEV NARULA, J MARCH 16, 2026/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.