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TMI Blog2021 (4) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the person to whom such power is granted is called as attorney / agent / done. On perusal of the records it is found that the Special Power of Attorney executed on 27th June, 2019 is not signed by Mr. Bhagwandas Patel. Moreover, photograph of the Agent -Mr. Bhagwandas Patel is not affixed in the document, a such the power of attorney itself is bad in the eye of law and cannot be relied upon - Notwithstanding above, the applicant has not filed copy of the purchase order delivery challan to substantiate its claim. The applicant has also not put on record a copy of the partnership firm. The petition is not maintainable and deserves to be dismissed - Petition disposed off without costs. - C.P.(I.B) No. 760/NCLT/AHM/2019 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surement in order to manufacture the required products, on payment terms of 50% mobilisation advance against the order, 40% after delivery of the products and balance 10% after completion of the work i.e. installation of the products at site. Accordingly, the corporate debtor made payment of ₹ 1,00,000/-(Rupees one lac only) by way of cheque dated 20.01.2015 and another ₹ 1,00,000/- by cheque dated 06.02.2015. 5. The petitioner has further stated that thereafter, the operational creditor visited the site at Ahmedabad, delivered the required products at the site and raised invoice dated 27.02.2015 for ₹ 6,42,111/-. That, upon the promise received from the corporate debtor to make the balance payment upon completion of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. The respondent/corporate debtor filed affidavit in reply inter alia raising various objections. Findings: 11. Heard the learned counsels appearing for both the sides and perused the documents annexed to the petition/reply. 12. Before discussing and deciding the petition on merits, the Adjudicating Authority is required to see that the petition conform the IB Code. The instant petition is signed by one Mr. Bhagwandas Vitthalbhai Patel, special power attorney holder of the applicant partnership firm. On perusal of the record it is found that the said special power of attorney (page 66 - 73) is not signed by the power of attorney holder Mr. Bhagwandas Patel. In this context, it is desirable to refer to relevant provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g: Agent: Any person can be appointed as an agent when the principal trusts such person with his properties. Principal: The person who executes the power of attorney to the agent. The Power of Attorney must grant any general or specific authority to the agent that is required to be administered by him by the principal. The date from which the instrument becomes effective The signatures of the principal and the agent must be affixed to the instrument. 14. On perusal of the records it is found that the Special Power of Attorney executed on 27th June, 2019 is not signed by Mr. Bhagwandas Patel. Moreover, photograph of the Agent -Mr. Bhagwandas Patel is not affixed in the document, a such the power of attorney itself ..... X X X X Extracts X X X X X X X X Extracts X X X X
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