1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION NO. 9 OF 2010 IN COMPANY APPEAL NO. 6 OF 2010 IN COMPANY PETITION NO. 10 OF 2008. Reliance Industries Ltd. ..Applicants/Org. Appellants. v/s. Shri Ashok Gupta & Ors. ..Respondents. .... Mr. F. Pooniwala, i/b. Vipul Shukla, for Applicants/Org.Appellants. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH MARCH 2010. P.C. By this company application, the applicants are seeking condonation of delay of 41 days in filing the appeal under section 10F of the Companies Act, 1956 before this Court. Respondents are not present though served. The appeal is against the order of the Company Law Board dated 11th September 2008, which was communicated to the applicants on 12th October 2008. 2. According to the applicants, since the order dated 11th September 2008 was passed by the Company Law Board without giving an opportunity to the applicants to deal with an additional affidavit filed by the respondent no.1, the applicants had filed a 2 review petition before the Company Law Board, seeking review of its said order. However, from the letter issued by the Company Law Board on 16th January 2009, the applicants realised that the review was not maintainable. The applicants therefore, within six days from the receipt of the said letter lodged the present appeal on 22nd January 2009. 3. Section 10F of the Companies Act, 1956 reads thus :- “10F. Appeals against the order of the Company Law Board.- Any person aggrieved by any decision or order of the Company Law Board made before the commencement of the Companies (Second Amendment) Act, 2002 may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order : Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.” Admittedly, the applicants have not filed the appeal within a period of the first sixty days but is filed 41 days after the first sixty days. Under the proviso to section 10F, the applicants, can be allowed to file an appeal not exceeding a further period of sixty days, if this Court is satisfied that the applicants were prevented by sufficient cause from filing the appeal. 4. It is submitted on behalf of the applicants that since 3 the applicants were under a wrong impression that a review of the order dated 11th September 2008 is maintainable, they had sought review of the said order before the Company Law Board. It was only on 16th January 2009 that the applicants realised that a review is not maintainable. The applicants immediately lodged an appeal under section 10F of the Companies Act, 1956, before this Court on 22nd January 2009. It is therefore, submitted that the applicants were prevented by sufficient cause from filing the present appeal within a period of sixty days from the receipt of the said order dated 11th September 2008 and that the delay of 41 days in filing the appeal, be condoned. 5. In view of the aforestated facts/circumstances, I am satisfied that the applicants were prevented by sufficient cause from filing the appeal within sixty days from the receipt of the said order dated 11th September 2008. In view thereof, the company application is allowed in terms of prayer clauses (a) and (b). The company application is accordingly, disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]