THE HON’BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON’BLE SMT. JUSTICE RENUKA YARA WRIT APPEAL No.118 of 2025 JUDGMENT: (Per the Hon’ble the Acting Chief Justice Sujoy Paul Sri S. Niranjan Reddy, learned Senior counsel appears for Sri Tarun G. Reddy, learned counsel for the appellants; Sri Avinash Desai, learned Senior Counsel appears for Sri Veedendra Joshi, learned counsel for respondent No.1, Sri A. Venkatesh, learned Senior Counsel appears for respondent No.10 and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, for respondent Nos.2 and 3.

2. With the consent, finally heard.

3. This intra-Court Appeal takes exception to the order passed in W.P.No.30273 of 2024, dated 09.01.2025.

4. Learned Senior Counsel for the appellants submits that this is second visit of the appellants to this Court. Earlier the Writ Court by order dated 07.11.2024 allowed the writ petition without putting the present appellants to notice, who is respondent Nos.17 and 15 in the writ petition. Aggrieved, W.A.Nos.1315 and 1317 of 2024 were filed by the appellant and other parties, who were not put to notice. The Division Bench by order dated 22.11.2024 set aside the order dated 07.11.2024 and restored the writ petition for hearing. Thereafter, the writ petition came-up for hearing. On the question of interim relief, learned Writ Court has passed impugned direction to Regional Director/respondent No.2 to correct the error in the impugned order dated 22.08.2023 with regard to the fact of payment made by respondent No.7 on behalf of the petitioner.

5. Learned Senior Counsel for the writ petitioner submits that the petitioner prayed for following relief in the writ petition:

“74. For the reasons mentioned above, it is humbly prayed that this Hon’ble Court may be pleased to issue any order, direction or Writ more particularly:

(a) Issue a Writ of Certiorari quashing and setting aside the order dated 22^nd August 2023, passed by the Respondent No.2 i.e. the Regional Director, South East Region, Ministry of Corporate Affairs, Hyderabad to the limited extent that it records that the Petitioner has paid the compounding fee vide SRN No.X49453590 from his own sources.

(b) Remand the matter back to Respondent No.2 for fresh consideration allowing the Petitioner an opportunity to be heard for (i) correction of the patently erroneous facts recorded in the Impugned Order and (ii) payment of the compounding fee in the manner prescribed.

(c) Pass appropriate directions for correction/ amendment of the Annual Report and the Auditor’s Report.

(d) Pass such other order or orders as are deemed fit and proper in the circumstances of the case.

75. Pending disposal of the writ petition, direct the Respondent No.2 to remove the Impugned order from the public access.

76. Pending disposal of the writ petition, direct removal of the Annual Report and Auditor’s Report from MCA website.”

(Emphasis Supplied)

6. A minute reading of the relief prayed for shows that the writ petitioner prayed for setting aside the compounding order dated 22.08.2023 to the extent it records that the petitioner has paid the compounding fee from his own sources. Consequently, the relief is prayed for to remand the matter back to respondent No.2 for fresh consideration allowing the petitioner an opportunity to be heard for twin purposes mentioned in the prayer clause. Learned counsel for the writ petitioner by taking this Court to the impugned order urged that without hearing the matter finally and deciding the legality, validity and propriety of compounding order dated 22.08.2023, learned Single Judge has passed the interim order which gives consequential relief to the writ petitioner. More than main relief is granted by way of interim relief. Putting it differently, it is urged that as per the prayer of writ petitioner itself, the matter could have been remanded back to respondent No.2 for fresh consideration after setting aside the order dated 22.08.2023. Withstanding the said order, the quest