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2017 (12) TMI 651

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..... y the Deputy General Manager of the Bank, in the authorisation order it is mentioned as Power of Attorney, but that will not change the complex of the instrument which is an order of authorisation. In view of such position of law the submission made by the counsel for the appellant can not be accepted. The appellant then referred to the impugned order and submitted that the Adjudicating Authori .....

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..... the parties the petition for substitution is allowed. Let Shri Sumeet Ahuja be substituted as appellant and M/s Paramshakti Steels Ltd through IRP be transpose as second respondent. Appellant to make necessary corrections in the cause title. I.A. No.860 of 2017 stands disposed off. ORDER 1.The present appeal has been preferred by the appellant against the order dated 3rd July, 2017 passe .....

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..... . 4. Similar issue fell for consideration before this Appellate Tribunal in the case of M/s Palogix Infrastructure Pvt Ltd Vs ICICI Bank, Company Appeal (AT) (Insolvency) No.30 of 2017. In the said case this Appellate Tribunal by its judgement dated 20th September, 2017 observed and held as under: 36. x x x x x. If general authorisation is made by any Financial Creditor or Operational .....

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..... s name and address and position in relation to the Financial Creditor /Bank. If there is any defect, in such case, an application under section 7 cannot be rejected and the applicant is to be granted seven days time to produce the Board Resolution and remove the defect. 38. This apart, if an officer, such as senior Manager of a Bank has been authorised to grant loan, for recovery of loan .....

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..... orisation order it is mentioned as Power of Attorney, but that will not change the complex of the instrument which is an order of authorisation. In view of such position of law the submission made by the counsel for the appellant can not be accepted. 6. Learned counsel for the appellant then referred to the impugned order and submitted that the Adjudicating Authority has treated the 1st respond .....

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