9911796707
TMI Blog2012 (6) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... ut company did not paid full amount - company says that the power of attorney was required to be stamped under section 3(c) read with section 18 of the Indian Stamp Act, 1899. Since it was not properly stamped, the court should impound it under section 33 of the Act. Therefore, the winding up petition filed on the basis of such power of attorney was not admissible under section 35 of the said Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in Singapore. Their claim is against an Indian company against which an order of winding up is claimed. 2. The claim arises out of two charter parties dated September 29, 2009. The petitioning creditor entered into these agreements as the owner of vessels. The Indian company was the charterer. It appears that the petitioning creditor became entitled to demurrage. The parties agreed on June ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition are just denied. 7. A technical point was sought to be raised during arguments. It was said by Mr. Chowdhury, learned counsel for the company that the power of attorney executed before a notary public of Singapore and dated November 30, 2010, is not stamped in India. He says that the power of attorney was required to be stamped under section 3(c) read with section 18 of the Indian Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is a presumption of regularity of the Government actions unless the contrary is proved (see section 35 read with section 114 of the Indian Evidence Act, 1872). No evidence to rebut the presumption is on record. 10. I have no reason to believe that the power of attorney is unstamped or deficiently stamped. 11. Accordingly, the company has no defence whatsoever to the claim of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified photocopy of this judgment/order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. Later 17. The court : Learned counsel for the company prays for stay of operation of this judgment and order. After considering the submission, let no advertisement be published for a period of two weeks from date. - - TaxTMI - TMITax - Corporate Laws ..... X X X X Extracts X X X X X X X X Extracts X X X X
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