Okay, I will provide a summary based on the provided case details.

Short Summary

This case concerns the interpretation and applicability of Section 12(8) of the Companies Act, 2013, which deals with the situation where a company alters its articles of association to convert from a public company to a private company. The core issue revolves around whether such an alteration requires the approval of the Tribunal (National Company Law Tribunal or NCLT). The ruling clarifies the procedural requirements for such conversions.

Facts

The case involves a company seeking to alter its articles of association to convert from a public company to a private company. The company sought clarification on whether Tribunal approval was mandatory for this conversion under Section 12(8) of the Companies Act, 2013. The specific facts regarding the company's name or industry are not provided, so the focus is on the legal interpretation of the section itself.

Issues

The primary legal issue is: Does Section 12(8) of the Companies Act, 2013, mandate prior approval from the Tribunal for a public company to convert into a private company by altering its articles of association?

Petitioner's Arguments

As this appears to be a clarification sought from the Union of India, there isn't a traditional petitioner. However, the implicit argument is that clarity is needed regarding the interpretation of Section 12(8). The query suggests uncertainty about whether Tribunal approval is an absolute requirement.

Respondent's Arguments

Since the Union of India is responding, its argument would be the official interpretation of the law. The assumption is that the Union of India would clarify the process and requirements under Section 12(8).

Court's Reasoning

The provided information does not include the Court's reasoning. To accurately fill this section, the actual judgement is needed. However, generally, the court's reasoning would involve a close reading of Section 12(8), considering its language, purpose, and legislative history. The court would likely analyze whether the wording of the section indicates a mandatory requirement for Tribunal approval or if other provisions of the Companies Act provide alternative procedures. The reasoning would also consider potential impacts on shareholders and creditors.

Conclusion

Without the actual judgement text, a definitive conclusion is impossible. However, the outcome would likely be a clarification from the Union of India (acting as the court in this instance) explaining whether Tribunal approval is mandatory for a public company to convert to a private company under Section 12(8) of the Companies Act, 2013, and outlining the specific procedures to be followed.