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1989 (8) TMI 272 - SC - Companies LawWhether the High Court has erred in law in setting aside the judgments of the courts below in a matter arising under section 630 of the Companies Act in exercise of its powers under section 482 of the Criminal Procedure Code, 1973? Held that:- Appeal allowed. The power of attorney has been executed just before the complaint was filed and it is stated in the complaint that Mr. Atul Mathur was filing the complaint on behalf of the company and he was duly authorised to do so. The High Court was, therefore, not right in construing the power of attorney as conferring only special powers and not general powers on Mr. Atul Mathur. Thus set aside the judgment of the High Court and restore the judgments of the Additional Chief Metropolitan Magistrate and the Additional Sessions Judge. However, the first respondent is given time till September 30, 1989, to deliver possession of the flat to the company failing which the sentence of imprisonment awarded to him would be enforced.
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