1940 (7) TMI 8

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....ar, M. Krishna Bharathi, R. Karunakaran and U. Lakshmanna for the Respondent. JUDGMENT Leach, CJ. - This is an appeal against an order passed by Mockett, J., adjudicating the appellant an insolvent. It is said that the person who filed the application for adjudication had no authority in law to do so and that there was no act of insolvency. Both these questions were raised before the learned....

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.... Chettiar Avergal shall take charge on 28th November 1937 as Director-in-charge, Secretary and attend to the duties. It has been decided that, till appointment of another secretary, the said V. Palaniappa Chettiar Avergal himself shall attend to all the affairs and Court proceedings relating to the Nidhi." This resolution remained in force at the time of the filing of the insolvency petition in....

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....), In re A Debtor, Ex parte: The Petitioning Creditors v. The Debtor [1917] (2 K.B. 808) and Guthrie v. Fisk, [1824] (3 B. & C. 178). A glance at these cases shows that they have no bearing here. In the first case it was held that a resolution of an incorporated Company authorising one of its officers to present a petition in bankruptcy against a particular debtor did not authorise the officer to ....

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....e." It was held that this did not give authority to institute bankruptcy proceedings. In the resolution now under consideration the authority is not confined to the institution of suits. There is no limitation on the agent's powers to. institute proceedings in Court. The second contention is that inasmuch as there were two previous attachments subsisting when the Bank presented its attachment i....