Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 2004 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (11) TMI 520 - SC - Companies LawWhether application under Section 302 of the Code to continue the prosecution could be filed by power of attorney holders of heirs of the complainant? Held that:- In the present case, neither heirs of the complainant filed petition under Section 302 of the Code to continue the prosecution nor any permission was sought by them from the competent court that they should be allowed to continue the prosecution through their power of attorney holders, rather the prayer was made by the power of attorney holders, which is not permissible under law. This being the position, we are of the view that the trial court was not justified in allowing the petitions under Section 302 of the Code and the High Court has committed an error in confirming the said order which is liable to be set aside and petitions under Section 302 of the Code are fit to be dismissed giving liberty to the heirs either to make application themselves before the court concerned to continue the prosecution or apply to the court to grant permission to them to authorize the power of attorney holders to continue the prosecution on their behalf. In the result, the appeals are allowed, impugned orders are set aside and the petitions under Section 302 of the Code filed before the trial court are rejected giving liberty to the heirs of the complainant to file fresh applications under Section 302 of the Code.
|