Karuna Limited received a proxy form 54 hours before the time fixed for the start of the meeting. The company refused to accept the proxy form on…

Section 105 (1) of the Companies Act, 2013, provides that any member of a company entitled to attend and vote at a meeting of the company shall be entitled to appoint another person as a proxy to attend and vote at the meeting on his behalf. Further, section 105 (4) of the Act provides that a proxy received 48 hours before the meeting will be valid even if the articles provide for a longer period. In the given case, the company received a proxy form 54 hours before the time fixed for start of the meeting. Karuna Limited refused to accept proxy on the ground that articles of the company provides filing of proxy before 60 hours of the meeting. In the said case, in line with requirement of the above stated legal provision, a proxy received 48 hours before the meeting will be valid even if the articles provide for a longer period. Accordingly, the proxy holder can compel the company to admit the proxy.