Delhi High Court
Union Of India & Anr vs Syed Muzaffar Ali Khan & Ors on 19 January, 2023
NEUTRAL CITATION NUMBER: 2023/DHC/000419
$~ 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 195/2018 & CM APPL. 14089-14091/2018
UNION OF INDIA & ANR ..... Appellants
Through: Ms. Shiva Lakshmi, CGSC and
Mr. Ripu Daman Bhardwaj, CGSC
Mr. Kushagra Kumar, Advocate.
Mr. Vikram Jetly, CGSC with
Ms. Shreya Jetly, Adv. for UOI/ROC
versus
SYED MUZAFFAR ALI KHAN & ORS ..... Respondents
Through: Mr. Rohit Chaudhary, Advocate for
respondent.
Ms. Kavita Jha and Mr. S. P. Singh
Chawla, learned Amicus Curiae
% Date of Decision: 19th January, 2023
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
MANMOHAN, J: (ORAL)
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 Section 248(1) of the Companies Act, 2013 would be
deemed to be voluntarily struck-off under Section 248(2) of the Companies
Act, 2013 and that the respondent-company would be entitled to a
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
17:03:57
NEUTRAL CITATION NUMBER: 2023/DHC/000419
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 Section 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 Section 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 dated 11th November, 2022 passed by this Court
in a batch of writ petitions in which lead writ petition was W.P.(C) 62/2019.
4. Learned counsel for the respondents-original writ petitioners states
that though in the original writ petition there was a prayer that original writ
petitioners be permitted to avail Condonation of Delay Scheme, 2018 and
also be permitted to voluntarily seek removal of the name of respondent
No.3 from the Register of Companies, yet he has instructions not to press for
the aforesaid two reliefs.
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Digitally Signed By:JASWANT
SINGH RAWAT
17:03:57
NEUTRAL CITATION NUMBER: 2023/DHC/000419
5. Learned counsel for the respondents-original writ petitioners states
that they would be satisfied if the relief granted vide order dated 11th
November, 2022 is granted to them.
6. Since the present respondents-original writ petitioners are similarly
placed to the writ petitioners in a batch of writ petitions (in which lead writ
petition was W.P.(C) No.62/2019) which have already been disposed of by
this Court, the present appeal is disposed of holding that as the period of
disqualification of respondents-original writ petitioners/directors has expired
by efflux of time i.e. on account of lapse of five years, the respondents-
original writ petitioners are eligible for appointment/re-appointment as
directors. However, it is clarified that the writ petitioners, who carried on as
directors due to subsistence of interim order passed by this Court, shall not
be visited with any civil or penal consequences. It is further clarified that
the writ petitioners will not be eligible for appointment/re-appointment as
directors if they have incurred any other disqualification or were disqualified
for any subsequent period on account of non-filing of returns.
7. The questions of law and fact raised by the appellant-Union of India
are left open.
8. With the aforesaid direction, the present appeal along with pending
applications stand disposed of.
MANMOHAN, J
SAURABH BANERJEE, J
JANUARY 19, 2023/js
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
17:03:57
