LAWS(SC)-2026-1-34

PROPERTY COMPANY (P) LTD. Vs. ROHINTEN DADDY MAZDA

Decided On January 07, 2026
Property Company (P) Ltd. Appellant
V/S
Rohinten Daddy Mazda Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from the judgment and order dtd. 16/12/2016, passed by the High Court at Calcutta in A.P.O. No. 222/2016 (hereinafter, the "impugned decision "), by which the High Court dismissed the appeal filed by the appellant herein and thereby, affirmed the order passed by the Company Law Board, Kolkata Bench (hereinafter, the "CLB ") in C.A. No. 81 of 2014, condoning the delay of 249 days in filing the appeal under Sec. 58(3) of the Companies Act, 2013 (hereinafter, "the Act, 2013 ")by the respondent herein.

(3.) The Property Company (P) Ltd. (hereinafter, the "appellant company ") is a private limited company having a total of 631 fully paid-up equity shares. Ms. Mehroo Mazda, the mother of Mr. Rohinten Daddy Mazda, (hereinafter, the "respondent "), is said to have been a shareholder, holding 20 shares of the appellant company (hereinafter, the "subject shares "). Ms. Mehroo Mazda had passed away on 22/7/1989, however, two years prior to her demise, she is said to have bequeathed the subject shares to the respondent through her last will and testament dtd. 19/6/1987. Eventually, the respondent is also said to have obtained a probate of her will on 30/11/1990.