9911796707
TMI Blog2013 (11) TMI 1820X X X X Extracts X X X X X X X X Extracts X X X X ..... ent : Sri D. Prakash Reddy, Senior Counsel JUDGMENT: (Per Hon'ble Sri Justice L. Narasimha Reddy) The appellant feels aggrieved by the order dated 26-12-2011 passed by a learned single Judge of this Court in C.P. No.165 of 2009. 2. The background, in brief, pertaining to the appeal is as under: The appellant is a foreign bank having its operations in India. It is stated that credit facility ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve the same, through the order under appeal. It was pointed out that the original power of attorney as well as the deed, which is sought to be filed, do not empower the concerned person to institute the proceedings for winding up of the respondent company. Reference was also made to the articles of association of the appellant company. 3. Sri C.R. Sridharan, learned counsel for the appellant, sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent, on the other hand, submits that since the consequences that flow from a company petition filed for winding up are serious in nature, the Court is required to ensure that every step is meticulously followed. He submits that even according to the appellant, the original power of attorney is defective and inadequate and though an attempt was made to rectify it, the same did not accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... get completely vitiated on account of defect in the form of GPA. The defect is certainly curable. In M.M.T.C's. Case (Supra 1), the Supreme Court took the view that the defect of such a nature can be cured or rectified by the concerned parties. 7. The judgment cited by the learned senior counsel for the respondent was in relation to a different factual situation. In that case, the defect as to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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