UNION OF INDIA Vs. PARESH NATH SHARMA

JUDGEMENT

(1.) Present appeals have been filed by the Union of India challenging the judgment and orders passed by the learned Single Judge, whereby the Court has ordered that removal of companies from the Register of Companies under Sec. 248 (1) of the Companies Act, 2013 would be deemed to be voluntary dissolution under Sec. 248 (2) of the Companies Act, 2013 and that the respondents-companies would be entitled to a sympathetic consideration by the Registrar of Companies under the Condonation of Delay Scheme, 2018.

(2.) Learned counsel for the appellants-Union of India state that the appellant-Union of India is not in a position to comply with the impugned directions of the learned Single Judge as the companies in question have been struck-off under Sec. 248(1) Companies Act, 2013 and necessary gazette notifications thereof have been issued. They state that the computer software does not permit the stuck-off companies to be transposed as voluntarily struck-off companies. According to them, the remedy for such struck-off companies is by filing revival applications before the National Company Law Tribunal (NCLT) under Sec. 252 of the Companies Act, 2013. They further submit that the struck-off companies would be eligible to apply for the Condonation of Delay Scheme, 2018, only if they had been revived by the NCLT. Consequently, the learned counsel for the appellants submit that learned Single Judge had erroneously directed that the companies which had already been struck-off can avail the benefit of Condonation of Delay Scheme, 2018.

(3.) Learned counsel for the respondents-original writ petitioners and the learned Amicus Curiae state that the respondents-original writ petitioners had primarily challenged their disqualification as directors and for unfreezing their Director Identification Numbers (DIN) and Digital Signature Certificates. They state that in none of the writ petitions before the learned Single Judge, the writ petitioners had sought the relief of voluntary dissolution of the companies and / or applicability of Condonation of Delay Scheme, 2018.