T.P NO. 445/KB/2019

A Petition under Section 241-242 of the Companies Act, 2013

IN THE MATTER OF:

Prasanta Kumar Mitra and Ors.

… Petitioner

Versus

India Steam Laundry (P) Limited & Ors.

…Respondent

And

IN THE MATTER OF: Mr. Siddhartha Mitra

…Applicant

Versus

India Steam Laundry (P) Limited & Ors.

… Respondent

CORAM:

Smt. Bidisha Banerjee, Member (Judicial)

Shri. Balraj Joshi, Member (Technical)

CORRIGENDUM ORDER

1.. In the Order dated, 12th September, 2024, some typographical errors have been found and the same are amended as under:

ERROR INSTEAD OF, IT SHALL BE READ AS Indian Steam Laundry (P) Limited &

Ors.

India Steam Laundry (P) Limited &

Ors.

Late Anindra Nath Bose Late Atindra Nath Bose Mr. Siddharth Mitra Mr. Siddhartha Mitra.

Counsel on behalf of Respondent No.3 Ms. Roopa S. Mitra, Adv.

Ms. Roopa S. Mishra, Adv.

Para No. Error Instead of, it shall be read as

4.10 The applicant Dr. Pradeep Bose The applicant Dr. Pradeep Bose thus seeks his substitution in thus seeks his substitution in place of Petitioner No. 3, his place of Petitioner No. 3, his legal heir, executory and legal heir, executor and beneficiary in respect of his beneficiary in respect of his shareholding in the Respondent shareholding in the No.1 Company. Dr. Pradeep Respondent No.1 Company. Bose is presently residing at Dr. Pradeep Bose is presently House no. 1947, Sector 4, residing at House no. 1947, Gurugram-122001, Haryana, Sector 4, Gurugram-122001, and also resident of 8 Valley Haryana, and also resident of 8

2. Rest of the order shall stand unchanged.

3. This corrigendum to be read along with the original Order dated 12th September, 2024.

Balraj Joshi Bidisha Banerjee Member (Technical) Member (Judicial)

This Order is signed on this, the 5th Day of November, 2024 Oindrila, K. (LRA)

T.P NO. 445/KB/2019 A Petition under Section 241-242 of the Companies Act, 2013 IN THE MATTER OF:

Prasanta Kumar Mitra and Ors.

… Petitioner Versus Indian Steam Laundry (P) Limited & Ors.

…Respondent And IN THE MATTER OF: Mr. Siddharth Mitra …Applicant Versus Indian Steam Laundry (P) Limited & Ors.

… Respondent Date of Pronouncement : 12th September, 2024 CORAM:

Smt. Bidisha Banerjee, Member (Judicial)

Shri. Balraj Joshi, Member (Technical)

APPEARANCE:

Mr. Ratnanko Banerji, Sr. Adv. ] For Petitioner No. 3 T.P NO. 445/KB/2019 Ms. Swapna Choubey, Adv.

Mr. Kanishka Kejriwal, Adv.

Mr. Goutam Ray, Adv.

Mr. D.N Sharma, Adv.] For Respondent No.3 Ms. Roopa S. Mishra, Adv.

Mr. Shaunak Mitra, Adv.] For Respondent No. 4A/4B Mr. S. Dulia, Adv.

Ms. Natasha Roy, Adv.] For Respondent No. 13A Mr. Joy Saha, Sr. Adv.] For Respondent No. 14 Mr. Subhajit Saha, Adv.

Mr. Yash Vardhan Deora, Adv.

ORDER

Per: Bidisha Banerjee, Member (Judicial)

1. The Court congregated through hybrid mode.

2. Learned Senior Counsels and Counsels were heard.

3. By way of this application the following reliefs are sought for:

i. Substitution of Dr. Pradeep Bose in place of Athindranath Bose as his legal heir, executor and beneficiary in respect of his shareholding in the Respondent No. 1 Company.

ii. Dr. Pradeep Bose be substituted and be added and impleaded in TP 445/KB/2019 as Petitioner no. 3A.

iii. Leave be granted to the applicant/respondent no. 3 to serve a copy of the instant amendment application to the respondents.

iv. Orders in terms of prayer above v. Such further orders be passed and/or directions be given as this Adjudicating Authority may deem fit and proper.

T.P NO. 445/KB/2019

4. Factual Matrix

4.1 CP 611 of 1988 was filed under section 397/398 of the Companies Act, 1956 alleging oppression and mismanagement before the Hon’ble High Court at Calcutta.

4.2 On 6^th January, 2002, Petitioner no. 2 passed away and the death was recorded by the Hon’ble High Court. In 2008 during the pendency of the proceedings the petitioner no. 1 passed and none of the legal heirs came on record.

4.3 On 27th April 2011, Respondent no. 2, the only director being Managing Director passed away .

4.4 On the date of death, Form 32 was filed by Added Respondents

13-17 claiming to be di