2016 (5) TMI 908

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....vocate Rakesh Kumar Jain, J. This petition is filed by the petitioner-company through its Director to challenge the validity of order dated 09.06.2011 passed by the Central Information Commissioner, New Delhi, by which application filed by the petitioner seeking information has been declined on the ground that the relevant record, relating back to the year 1999, had since been destroyed in t....

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....lied upon a judgment of the Supreme Court of India rendered in the 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 petitione....

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....at 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 court. The learned advocate....

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....half of the company. The argument that there is no automatic cesser of the power of Harcharan Dass as agent or that the appeal is a continuation of the suit is not available to Harcharan Dass in view of the clear provisions in section 334(e) and section 457 of the Companies Act, 1956. " In JTL Projects Pvt. Ltd.'s case (supra), the Kerala High Court also made the following observations:- ....