Rama Dairy Products Limited vs State Govt Of Nct Of Delhi & Anr.

Court
Delhi High Court

$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of Decision : 28.10.2026
# CNR No.DLHC010600512025
CRL.REV.P. 329/2025
+
RAMA DAIRY PRODUCTS LIMITED .....Petitioner
Through: Mr. Manoj Kumar Garg, Mr. Shivam
Garg, Advs.
versus
STATE GOVT OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Utkarsh (APP)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA

ORAL
SACHIN DATTA, J. ( )
(Exemption from filing certified copies of annexures)
Crl.M.A.33687/2026
1. The application is disposed of with a direction to the petitioner to file

certified copies of the annexures before the next date of hearing.
CRL.M.A.33686/2026 (Seeking stay of execution of NBWs)
2. The petitioner, Rama Dairy Products Limited, and Mr. Sunil Kumar,
its Managing Director, were convicted by the learned ACMM (Special
Acts), Central District, Tis Hazari Courts, Delhi, by judgment dated
23.02.2021 in Ct. Case No. 3336/2017 titled “Registrar of Companies v.
Rama Dairy Products Limited”, on two counts each, of the offence
punishable under Section 137(3) of the Companies Act, 2013, the financial
statements for the financial years 2013-2014 and 2014-2015 not having been
filed within the period prescribed.

Signature Not Verified
CRL.REV.P. 329/2025 Page 1 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:29.10.2026
19:14:31

3. The appeal preferred by the petitioner company, being CA 250/2022,
and the appeal preferred by Mr. Sunil Kumar in his individual capacity,
being CA 251/2022, were both dismissed by the learned Additional Sessions
Judge-05, Central District, Tis Hazari Courts, Delhi, by a common judgment
dated 15.04.2025. The present revision petition, at the instance of the
petitioner company, assails the said judgment. The petition is next listed for
hearing on 20.01.2027.
4. Mr. Sunil Kumar has separately assailed the same common judgment
dated 15.04.2025, insofar as it concerns him in his individual capacity, by
way of CRL.REV.P. 326/2025. In the said petition, this Court passed the
following order on 17.09.2025:–



Signature Not Verified
CRL.REV.P. 329/2025 Page 2 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:29.10.2026
19:14:31

5. On 22.07.2026, the learned Trial Court, proceeding upon the
submission made on behalf of the convicts that there was no stay of the
proceedings, directed issuance of non-bailable warrants against Mr. Sunil
Kumar. The said order reads as under:



Signature Not Verified
CRL.REV.P. 329/2025 Page 3 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:29.10.2026
19:14:31

6. The warrants have not been executed. Mr. Sunil Kumar has moved an
application before the learned Trial Court for cancellation of the non-
bailable warrants, which is stated to be pending. By order dated 28.09.2026,
the learned Trial Court recorded that both the convicts were absent, that the
process issued on the last date had not been received back, and directed that
the previous order be complied with afresh; the matter now stands listed
before the learned Trial Court on 11.12.2026.
7. By the present application, the petitioner company, acting through Mr.
Sunil Kumar, seeks a stay of the execution of the non-bailable warrants
dated 22.07.2026.
8. Learned counsel for the petitioner submits, on instructions, that Mr.
Sunil Kumar shall appear in person before the learned Trial Court on
11.12.2026 and on every other date on which his personal presence is
directed, and that no unnecessary adjournment shall be sought on his behalf.
9. It is relevant to notice that the sentence imposed upon Mr. Sunil
Kumar is one of fine, with a sentence in default of payment, and that the
operation of the order imposing fine has, in his individual revision petition
being CRL.REV.P. 326/2025, been suspended since 17.09.2025. Prima
facie , it does not appear that the learned Trial Court was apprised of the said
order dated 17.09.2025 when it was submitted before it on 22.07.2026 that
there was no stay. This Court, however, expresses no opinion on the
correctness of the order dated 22.07.2026 as it is not in issue in the present
petition, and the application for cancellation of the warrants awaits
consideration by the learned Trial Court.
10. Having regard to the facts and circumstances, and since the present
revision petition is not likely to be taken up before 20.01.2027, whereas the

Signature Not Verified
CRL.REV.P. 329/2025 Page 4 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:29.10.2026
19:14:31

learned Trial Court is to take up the matter for cancellation of non-bailable
warrants on 11.12.2026, a limited interim protection is warranted, lest the
challenge laid in the present petition be rendered infructuous. Accordingly,
the following directions are issued:
i. The non-bailable warrants issued against Mr. Sunil Kumar vide order
dated 22.07.2026 shall not be executed, provided that he appears in
person before the learned Trial Court on 11.12.2026 and on every
subsequent date on which his personal presence is directed by the
learned Trial Court.
ii. The learned Trial Court shall decide the pending application for
cancellation of the non-bailable warrants on its own merits, having
regard to the orders passed in CRL.REV.P. 326/2025, and
uninfluenced by any observation made hereinabove.
11. The application is disposed of in the above terms.

CRL.REV.P. 329/2025
12. List on the date already fixed, i.e., 20.01.2027.

SACHIN DATTA, J
OCTOBER 28, 2026/ uk


Signature Not Verified
CRL.REV.P. 329/2025 Page 5 of 5

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:29.10.2026
19:14:31