2020 (3) TMI 1128

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....lvency & Bankruptcy<br>Ms. Manorama Kumari Judicial Member And Chockalingam Thirunavukkarasu Technical Member For the Petitioner : Ms. Natasha Dhruman Shah For the Respondent : Kunal J. Vyas along with Ms. Kamya Shah instructed by Nanavati Associates for the respondent. ORDER MS. MANORAMA KUMARI (JUDICIAL MEMBER).- 1. Ms. Sneha Ranade, being authorised person on behalf of the operat....

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....tal of the respondent-company is Rs. 7,50,00,000 and paid-up share capital is Rs, 4,87,45,550. That, the respondent-company is engaged in business activity of fabrication and erection of large storage tanks, pressure vessels, silos and small poised spherical vessels. 4. The applicant/petitioner has submitted that in the year 2016 the corporate debtor approached the operational creditor for desi....

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....nts like letter of intent, invoices, demand notice, statement of accounts and copy of board resolution dated June 24, 2015. 7. The respondent/corporate debtor filed affidavit in reply, inter alia, raising several regarding maintainability of the instant petition. 8. On receipt of the notice the corporate debtor appeared and filed reply raising various objections. It is submitted that both th....

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.... Code is a complete code by itself. The provision of the Power of Attorney Act, 1882 cannot override the specific provision of a statute which requires that a particular act should be done by a per son in the manner as prescribed thereunder." Thus, only an authorised person as distinct from a power of attorney holder can make an application under sections 7, 9 and 10 and required to state his p....