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2024 Supreme(Online)(NCLT) 1666

NATIONAL COMPANY LAW TRIBUNAL
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, J, SH. CHARAN SINGH, T
Axis Bank Limited – Appellant
Versus
Karvy Forde Search Private Limited – Respondent


Advocates:
For the Petitioner:Mr. V.V.S.N.Raju, Advocate with Mr. Srikanth Rathi, Advocate
For the Respondent:Ms. Kopal Shareef, Advocate

Table of Content
1. application request for re-opening under 7 of ibc. (Para 1 , 2 , 4)
2. maintainability of petitions related to irp enforcement. (Para 5 , 15)
3. authority documentation is crucial for ibc proceedings. (Para 8 , 10 , 17 , 23)
4. procedural adherence required for legal representations. (Para 14 , 19)

ORDER

COMMON ORDER in IA NO.491/2024 & IA NO.490/2021 IA No.491/2024

1. This is an application filed by the financial creditor to re-open the present Company Petition, which stood posted for orders on 05.03.2024, for further hearing in the main Company Application and for other reliefs.

2. According to the applicant, during the hearing held on 16.02.2024, respondent/corporate debtor for the first had challenged locus standi, of the signatory to the preset Company Petition filed under Section 7 of IBC, contending, inter-alia, that the power of attorney dated 23.08.2017 basing on which the agent/signatory Shri Raghuram Moguluru, had claimed authority to represent an sign the financial creditor and also to sign the petition, since not supported by any Board Resolution of the financial creditor, he has no locus standi, to file the petition. Hence, the petition filed under of

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