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TMI Blog1996 (3) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... p of the company, namely, Zinc Products and Company Private Limited, under sections 433( e ), ( f ), 434 and 439 of the Companies Act, 1956. The company has challenged the maintainability of the application on the ground that it has been filed through Vinod Singh, area sales manager of the petitioner-company who is not properly authorised for the purpose and, therefore, the application is fit to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ited in the Hon'ble Patna High Court and in connection therewith to make, sign, execute, swear affirm, present and file all the applications, petitions, affidavits, etc., and to represent the company in all the matters relating to the above case. But from the various clauses of the power of attorney (annexure 7) it does not appear that Sri S. Chatterjee was authorised to delegate any authority for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [1991] 70 Comp. Cas. 388 ; AIR 1991 Delhi 25, it has been held that although ordinarily the court ought not to unsuit a person on account of technicalities, the question of authority to institute a suit on behalf of a company is not a technical matter. It has far-reaching effects. It often affects policy and finance of the company. Thus, unless a power to institute a suit is specifically conferr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove said ground. I regret, in view of the fact that the application for winding-up itself is not maintainable and is fit to be summarily rejected, it is not possible to examine the merits of the claim. The defect in the application goes to the root of the matter and is not curable. As the Delhi High Court has held in the above-mentioned case even a subsequent authorisation/ratification by the boar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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