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M/s Bakshi Chemicals (P) Ltd. Versus Punjab National Bank and others

2016 (5) TMI 908 - PUNJAB AND HARYANA HIGH COURT

Maintainability of appeal - RTI - challenge the validity of order passed by the Central Information Commissioner - Held that:- The present petition is not maintainable at the instance of the petitionercompany, that too by its Director because the petitioner-company has already been wound up vide order dated 05.08.2014 passed by this Court the Official Liquidator attached to the Court has taken over the charge of both the movable and immovable assets of the petitioner-company. Thus the present pe .....

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seeking information has been declined on the ground that the relevant record, relating back to the year 1999, had since been destroyed in terms of the retention policy of the Bank, therefore, the CPIO cannot be compelled to produce the same. At the outset, counsel for the respondents has submitted that the present petition is not maintainable at the instance of the petitionercompany, that too by its Director because the petitioner-company has already been wound up vide order dated 05.08.2014 pas .....

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he case of Sirmur Chemical and General Industries Ltd. vs. Union of India and another, 1962 Company Cases 826 and a Division Bench judgment of the Kerala High Court in the case of M/s. JTL Projectos Pvt. Ltd. vs. The Tahsildar and others, WA No.1349 of 2014 in WP(C) No.20577 of 2014, decided on 01.10.2014. Counsel for the petitioner has failed to contest the arguments raised by counsel for the respondents and has not referred to any law to the contrary. I have heard learned counsel for the parti .....

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he corresponding provision in the 1913 Act is contained in section 179. It is obvious from the provisions referred to above that on the order of winding up which was made in the present case on December 31, 1957, Harcharan Dass as managing agent ceased to be a managing agent as from the date of the commencement of the winding up and the liquidator who was appointed in the winding up was entitled to institute any legal proceeding in the name and on behalf of the company with the sanction of the c .....

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