1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION NO. 30 OF 2010 IN COMPANY APPEAL (L) NO. 29 OF 2010 IN COMPANY PETITION NO. 111 OF 2009. Shashtra Properties Pvt. Ltd. ..Applicants/ Org.Appellants. v/s. Mr. Homi Framroz Patrawala & Ors. ..Respondents. .... Mr. Karl Shroff, a/w. Ms. Snehali Karkera, i/b. Dhru & Co., for Applicants/Org. Appellants. Mr. Chetan Akerkar, a/w. Mr, A.K. Saxena, i/b. A/P/ Fanibanda, for Respondent Nos. 1 & 2. Mr. Rahul Chitnis, a/w. Mr. Pankaj Kode, i/b. Res Legal, for Respondent No.5. Mr. V.P. Verma, Senior Legal Assistant, Company Law Board, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 2nd SEPTEMBER 2010. P.C. By this Company Application, the Applicant seeks condonation of delay of 41 days in filing the Company Appeal under section 10F of the Companies Act, 1956 against the judgment and order dated 30th March 2010, passed by the Company Law Board (CLB), Mumbai, in Company Petition No. 111 of 2009. 2. Pursuant to the directions passed by this Court dated 2 26th August 2010, Mr. V.P. Verma, Senior Legal Assistant of CLB, Mumbai, has appeared before this Court and has informed this Court that a copy of the judgment and order dated 30th March 2010 passed by the CLB, Mumbai, was inter-alia dispatched to the Applicant by ordinary post on 6th April 2010. He submits that therefore, the Applicant ought to have received a copy of the judgment and order dated 30th March 2010 on or before 10th April 2010. The Applicant has stated on affidavit that they have received a copy of the judgment and order passed by the CLB only on 17th May 2010 and they have filed their Appeal before this Court on 9th July 2010 i.e. within a period of 60 days from the receipt of the order. However, if the limitation is computed from the date of judgment/order dated 30th March 2010, there would be delay of 41 days. 3. In my view, the Petitioners have shown sufficient cause for condonation of delay in filing the Company Appeal. The delay is therefore, condoned and the Company Application is allowed in terms of prayer clause (a). 4. However, in order to avoid such complications in future and in order not to give any opportunity to the parties to the proceedings to allege that they have not received a copy of the order forwarded to them by the CLB by ordinary post, the CLB, 3 Mumbai, is directed to henceforth forward all the orders to the concerned parties under Regulation 29 of The Company Law Board Regulations, 1991 by Registered Post A.D. The Advocates for the Applicants shall forward a copy of this order to the Bench Officer of CLB, Mumbai, for implementation. 5. Office to number the Appeal and place it for admission on 16th September 2010. 6. Company Application accordingly, stands disposed of. [ S.J. KATHAWALLA, J. ]