Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2004 (12) TMI 400

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ered in this company petition shall also govern disposal of other two connected company petitions being Company Petition Nos. 13 and 14 of 2002 because all these petitions involve common points. This is a company petition filed by one Vimal Sodhani under section 433( e ) of the Companies Act, 1956, seeking winding up of respondent No. 1 company. The winding up is claimed essentially on the grou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , these two defects taken note of supra renders the power of attorney bad in law and as a consequence the filing of the company petition. In order to have a valid and legal power of attorney it must bear the date, as to on what date the same was executed by the person concerned. Secondly, it must have a place where it is executed. Indeed, these are the bare requirements of any legal and valid powe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... re P1) is not a valid presentation and hence, cannot be entertained for being tried on the merits. In other words, it cannot be held to be validly and properly filed by the petitioner through his power of attorney holder. Since, admittedly it is not filed by the petitioner in his own capacity because it does not bear his signature, nor affidavit, this court cannot entertain the same. In view of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates