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TMI Blog2012 (6) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT 1. This is a winding up application, coming up for admission. It is made by a company incorporated in Singapore. Their claim is against an Indian company against which an order of winding up is claimed. 2. The claim arises out of two charter parties dated September 29, 2009. The petitioning creditor entered into these agreements as the owner of vessels. The Indian company was the charte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t-in-opposition there is no departure from this state of affairs. The allegations in the petition are just denied. 7. A technical point was sought to be raised during arguments. It was said by Mr. Chowdhury, learned counsel for the company that the power of attorney executed before a notary public of Singapore and dated November 30, 2010, is not stamped in India. He says that the power of attorne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal and emblem under section 57 of the Indian Evidence Act, 1872. Moreover, there is a presumption of regularity of the Government actions unless the contrary is proved (see section 35 read with section 114 of the Indian Evidence Act, 1872). No evidence to rebut the presumption is on record. 10. I have no reason to believe that the power of attorney is unstamped or deficiently stamped. 11. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. List this application five weeks hence. 16. Urgent certified photocopy of this judgment/order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. Later 17. The court : Learned counsel for the company prays for stay of operation of this judgment and order. After considering the submission, let no advertisement be published for a period of two week ..... X X X X Extracts X X X X X X X X Extracts X X X X
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