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TMI Blog1971 (8) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... ions 397 and 398 of the Companies Act 1956 (1 of 1956) (hereinafter called "the Act"), preliminary objections have been taken in the written statement of the company to the effect that, (1) the petition is liable to be dismissed as consent in writing of the petitioners required under sub-section (3) of section 399 of the Act has not been filed as the filing of such a written consent is the conditi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 15, of the Code of Civil Procedure. If so, what is its effect? (2) Has the petition not been filed in the prescribed form? If not what is its effect? " Rule 11 of the Companies (Court) Rules, 1959, enumerates the applications which have to be made by petition. Applications under section 397 and applications under section 398 of the Act are mentioned at Serial Nos. 12 and 13 in that rule. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me any rule in the Companies (Court) Rules which requires the petition to be signed as required by Order 6, rule 14, or which may require a petition to be verified like a plaint under Order 6, rule 15, of the Civil Procedure Code. The petition has been signed by the advocate for the petitioners in whose favour a vakalatnama has been signed and placed on the record. There is no objection in the w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf have to be incorporated. A note under the prescribed form itself shows that it is not necessary to give such a schedule in every petition under section 397 or section 398 of the Act, and the necessity of attaching such a schedule arises only in such cases where the petitioners claim that they are filing the petition with the consent of some other members of the company who are not themselves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners themselves should have been filed as the petitioners have not signed the petition, but only their advocate has appended his signature thereto. I find no force in this contention. The second issue is also, therefore, decided against the respondents. Both the preliminary objections are, therefore, rejected with costs; counsel's fee Rs. 100. To come up for the framing of issues on meri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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