Hero Electric Vehicles Private Limited & ANR. v. Union Of India & ORS.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3594/2024 HERO ELECTRIC VEHICLES PRIVATE LIMITED & ANR.

.....Petitioners Through:

Appearance not given.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Prakarsh Airan, Government Pleader for UOI.

Mr. Amit Tiwari, CGSC for SFIO with Ms.

Ayushi Srivastava, Mr. Ayush Tanwar, Mr. Arpan Narwal, Ms. Parul Chutani and Mr. Kushagra Malik, Advs.

Mr. Amish Tandon and Ms. Aanchal, Advs. for R-3 / MHI.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 28.11.2025 1.

Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") has been filed by the Petitioners seeking directions to call for Order dated 25.09.2024 of the Ministry of Corporate Affairs vide Order No.CL-II-07/177/2024- O/o DGCoA-MCA, passed by Respondent No. 1 and after examining its legality and propriety, quash and set aside the said order and all consequential investigation, actions and proceedings. Also, issue directions for quashing of impugned Notices dated 18.10.2024 and 23.10.2024 issued by Respondent No.2 to the Petitioner No. 1 and 2 respectively.

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 01/12/2025 at 15:48:26

2.

Learned CGSC for SFIO submits that pursuant to Order of the Ministry of Corporate Affairs dated 25.09.2024, investigations were undertaken by SFIO, which stand concluded and the Report has already been submitted to the Ministry of Corporate Affairs for further action. Therefore, nothing further survives in the present Petition. 3.

Learned counsel for the Complainant / Respondent No.3 also submits that Petitioner No.1 Company has already been gone into insolvency proceedings and the IRP had appeared on two dates, but thereafter, none is appearing on behalf of the Company. It is therefore, submitted that this Petition may be disposed of with liberty to the Petitioners to approach the appropriate forum, in accordance with law. Submission heard and record perused.

4.

First prayer made by the Petitioners to challenge Order of the Ministry of Corporate Affairs dated 25.09.2024 directing Respondent No.1 to undertake the investigation has already become infructuous as the investigation stands concluded and the Report has been submitted before the Ministry of Corporate Affairs.

5.

Second prayer is that impugned Notices dated 18.10.2024 and 23.10.2024 issued by Respondent No.2 to the Petitioner Nos.1 and 2 respectively, be quashed. However, this again has become infructuous on account of conclusion of the investigation.

6.

In view of aforesaid, present Petition along with pending Applications is disposed of, with liberty to the Parties to take legal remedy, in accordance with law.

NEENA BANSAL KRISHNA, J.

NOVEMBER 28, 2025/R 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 01/12/2025 at 15:48:26