1996 (3) TMI 399

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....g up of the company, namely, Zinc Products and Company Private Limited, under sections 433(e), (f ), 434 and 439 of the Companies Act, 1956. The company has challenged the maintainability of the application on the ground that it has been filed through Vinod Singh, area sales manager of the petitioner-company who is not properly authorised for the purpose and, therefore, the application is fit to b....

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....d in the Hon'ble Patna High Court and in connection therewith to make, sign, execute, swear affirm, present and file all the applications, petitions, affidavits, etc., and to represent the company in all the matters relating to the above case. But from the various clauses of the power of attorney (annexure 7) it does not appear that Sri S. Chatterjee was authorised to delegate any authority for pr....

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.... 70 Comp. Cas. 388 ; AIR 1991 Delhi 25, it has been held that although ordinarily the court ought not to unsuit a person on account of technicalities, the question of authority to institute a suit on behalf of a company is not a technical matter. It has far-reaching effects. It often affects policy and finance of the company. Thus, unless a power to institute a suit is specifically conferred on a ....