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2026 DAILYLAW 4810 (UTT)

MS DELTA ELCTRONICS INDIA PRIVATE LIMITED v. STATE INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT CORPORATION OF UTTARAKHAND LTD

WPMB/24/2026 · 2026-01-09

Manoj Kumar Tiwari, Subhash Upadhyay

body2026

Judgment text

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2026:UHC:396-DB SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMB/ 2 4 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yaya, J. 1. Mr. Shobhit Saharia, learned counsel for the petitioner. 2. Mr. S.S. Chaudhary, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Vipul Sharma, learned counsel for the respondent – SIIDCUL. 4. By means of this writ petition, petitioner has sought the following reliefs: - (i) Issue a writ, order or direction in the nature of certiorari quashing the letter bearing No. 407 sent by SIIDCUL seeking imposition of transfer levy @ 15% (Annexure no. 6) to the writ petition. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent to update its records and to undertake the changing of names from Delta Power Solutions India Private Limited to Delta Electronics India Private Limited as a result of merger order dated 31.01.2019 (Annexure no. 2) passed by the NCLT under Section 232 of the Companies Act. 5. Petitioner is aggrieved by a communication, issued by Regional Manager, SIIDCUL, Pantnagar on 29.07.2022. The contents of said communication are extracted below: - “On the above subject you have to inform that you had applied for name change application through online on 11th 2026:UHC:396-DB April, 2022 within 15% reconstitution levy. 15% Levy will be applicable in total your land area on current cost Rs. 650 per sqm. You get Rs. 36091205/ - (Rs. Three Crore Sixty Lakh Ninety one thousand two hundred five only) after payment of levy, company name change letter will be issued by SIIDCUL. ” 6. Petitioner contends that SIIDCUL had allotted land to M/ s Delta Power Solutions India Pvt. Ltd. on 24.04.2007. The factory was established within time stipulated in the allotment letter and commercial production also started in the year 2008. The Company, to which land was allotted, was merged with M/ s Delta Electronics India Pvt. Ltd., and thus lost its identity, therefore, as per Manual for Estate Management Activities & Procedures, formulated by SIIDCUL, such merger is exempted from payment of Transfer Fee. 7. Learned counsel for the petitioner relies upon Clause 12(e) of Manual for Estate Management Activities & Procedures. 8. Mr. Vipul Sharma, learned counsel appearing for the SIIDCUL submits that since petitioner is challenging order passed by Regional Manager, SIIDCUL, he could have approached the Managing Director, SIIDCUL by making a representation. 9. Learned counsel for the petitioner submits that petitioner has already made representation to Managing Director, SIIDCUL on 05.09.2025, but no decision has been taken thereupon so far. 10. The writ petition is, accordingly, 2026:UHC:396-DB disposed of with a direction to Managing Director, SIIDCUL to consider and decide petitioner’s application dated 05.09.2025, as per law, within six weeks from the date of presentation of certified copy of this order. Till decision is taken on the application, no coercive action shall be taken against the petitioner. ( Su bh ash Upadh y ay a, J.) ( Man oj Ku m ar Tiw ar i, J.) 09.01.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.01.09 20:40:39 -08'00'