( 1 ) TWO questions arise for consideration. Firstly, whether the Power of Attorney executed in favour of the person who has signed the petition conforms with the requirements of law and if found not to be so, what are the proper and appropriate orders that should be passed. Secondly, whether the Company Court should entertain a winding-up petition despite the fact that the petitioning creditor has already instituted proceedings under the Recovery of Debts due to Banks and Financial institutions. Act, 1993 (hereinafter REFERRED TO as the rdb Act ) (A) Power of Attorney issue.

( 2 ) IN this context, Mr. Rajiv Nayar , learned Senior counsel appearing on behalf of the Respondent, has contended that the document had not been sufficiently stamped. It has, however, been shown that the Power of attorney in favour of Mr. David A. Tait has been adjudicated for payment of Stamp Duty of Rs. 110. 00 which has been deposited in the office of the Collector of stamps, New Delhi. The objection, therefore, has no merit.

( 3 ) MR. Nayar has thereafter contended that on a perusal of its sundry clauses, the Power of Attorney does not empower or authorise Mr. Tait to file a suit or appli