UNION OF INDIA Vs. SYED MUZAFFAR ALI KHAN

JUDGEMENT

(1.) Present appeal has been filed by the Union of India challenging the judgment and order passed by the learned Single Judge, whereby the Court has directed that the removal of the company from the Register of Companies under Sec. 248(1) of the Companies Act, 2013 would be deemed to be voluntarily struck-off under Sec. 248(2) of the Companies Act, 2013 and that the respondent-company would be entitled to a sympathetic consideration by the Registrar of Companies under the Condonation of Delay Scheme, 2018.

(2.) Learned counsel for the appellant-Union of India states that the appellant-Union of India is not in a position to comply with the impugned direction of the learned Single Judge as the company in question has been struck-off under Sec. 248(1) of the Companies Act, 2013 and necessary gazette notification thereof has been issued. She states that the computer software does not permit the stuck-off company to be transposed as voluntarily struck-off company. According to her, the remedy for such struck-off company is by filing a revival application before the National Company Law Tribunal (NCLT) under Sec. 252 of the Companies Act, 2013.

(3.) However, learned counsel for the Union of India, on instructions of Registrar of Companies, NCT of Delhi and Haryana, who is personally present in Court, states that as the period of disqualification of the respondents-original writ petitioners as directors have now expired by efflux of time, he has no objection if the present appeal is disposed of in accordance with the order dtd. 11/11/2022 passed by this Court in a batch of writ petitions in which lead writ petition was W.P.(C) 62/2019.