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2015 (2) TMI 1349

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....is quoted hereinbelow:--  "As such, the deponents are directed to satisfy this Court that they were "duly authorised" by the petitioning creditors to make and file the affidavit verifying the instant winding-up petition, by producing valid resolutions adopted by the Board of Directors of the petitioning-creditors supported by powers of attorney given in their favour by the petitioning-creditors. Let such documents be produced before this Court on 29th January, 2015." Consequently, the matter is again taken up for consideration for such purpose, as stated above. 2. The learned senior counsel representing the petitioners produces a document which purports to be a power of attorney issued by UBS AG dated 5th November, 2014, signed by ....

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....AIR 1971 SC 761) [Jugraj Singh and another v. Jaswant Singh and others]" 3. After considering the submission made by the learned senior counsel representing the petitioners, this Court is of the view that the only issue which requires consideration is whether the deponents have been able to satisfy this Court that they were "duly authorised" by the petitioning-creditors to make and file the affidavit verifying the instant winding-up petition on the basis of the direction given by this Court, as contained in its order dated 27th January, 2015. 4. A bare perusal of the operative portion of the judgment and order dated 27th January, 2015, quoted above, clearly reveals that production of valid resolutions adopted by the Board of Directors of ....

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....ries Act, 1952, which reads as follows:  "14. Reciprocal arrangements for recognition of notarial acts done by foreign notaries - If the Central Government is satisfied that by law or practice of any country or place outside India, the notarial acts done by notaries within India are recognized for all or any limited purposes in that country or place, the Central Government may, by notification in the Official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognized within India for all purposes, or as the case may be, for such limited purposes as may be specified in the notification." 7. None of the judgments, which have been referred to or relied upon by the learned senior c....

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.... Court of a notarial act done by a foreign notary is impermissible in the absence of reciprocity of recognition as contemplated under section 14 of the Notaries Act, 1952. The reason is, if it is otherwise, the sanctity of the sovereign power being exercised by an Indian Court will be compromised. 8. Since there is clearly no such notification of the Central Government in the Official Gazette granting recognition to the notarial acts done by the notary public of Singapore, this Court is unable to take any judicial recognition of the document which has been handed over before this Court by the learned senior counsel appearing on behalf of the petitioners. 9. In the absence of the documents which were required to be produced before this Cou....