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1996 Supreme(Pat) 191

S.N.JHA
Boc India Limited – Appellant
Versus
Zinc Products And Co. Pvt. Ltd. – Respondent


Judgment

S.N.Jha, J.

1. This is an application for winding up of the company, namely, Zinc Products and Company Private Limited, under Secs. 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 be summarily rejected. The petitioner has filed a rejoinder to the affidavit filed a in opposition to the winding-up petition. Counsel for the parties have made submissions on the point of maintainability.

2. On behalf of the petitioner reliance is placed on the power of attorney executed in favour of Sri S. S. Prasad, managing director and Sri S. Chatterjee, Vice-President Finance, pursuant to the resolution of the board of directors, and the delegation of power by the said Sri S. Chatterjee in favour of Sri Vinod Singh. The said two documents have been marked annexures 8 and 7, respectively, to the rejoinder-affidavit.

3. Annexure 8 no doubt purports to authorise Sri Vinod Singh, area sales manager of the company, to present a petition




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