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2017 (3) TMI 753 - Tri - Companies LawCompany petition filed by a duly authorised person - authorization - whether he manager has no right to file the petition by way of delegating powers vested in him to the authorised signatory viz. Mr. Bartholomew Kamya? - Held that:- Pursuant to the 'Shareholders' Resolution' notarised by the Notary Public Ref.No.201277/1/2013, on 5.11.2013, the Chief Executive Officer of ETA ASCON Holding LLC, by way of "Appointment of Manager's Resolution" dated June 4, 2014, appointed Mr.Shaukat Ali Mir as General Manager of the petitioner company and vested him with the powers enumerated in the said resolution that included the right to delegate all or part of the authorities. Based on this, Mr.Shaukat Ali Mir has given an "Authorisation letter" to Mr. Bartholomew Kamya, authorising him to sign the petition that has been filed under Sections 397 and 398 of the Companies Act, 1956 before CLB/NCLT. The source of "Authorisation letter" given to Mr.Bartholomew Kamya is the 'Shareholders' Resolution' dated 5.11.2013. The authorisation is held to be in accordance with law and hence Mr. Bartholomew Kamya is competent to sign the petition filed under Sections 397 and 398 of the Companies Act, 1956. Therefore, C.A.I stands dismissed and the Company petition is held maintainable.
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