DEUTSCHE BANK AG Vs. PRITHVI INFORMATION SOLUTIONS LIMITED

JUDGEMENT

(1.) 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:

(3.) Sri C.R. Sridharan, learned counsel for the appellant, submits that it is only the principal that can doubt the correctness of a GPA and as long as the appellant company did not doubt the GPA, there was no basis for the learned single Judge to refuse to accept the authorization. He submits that strictly speaking, the original power of attorney itself authorized the person to institute the proceedings, but on noticing that the expression "to institute winding up proceedings" was not incorporated, the deficiency was rectified by executing the document dated 24-01-2000. Learned counsel submits that the defect noticed by the company Court is certainly curable. He placed reliance upon the judgment of the Supreme Court in M.M.T.C. LIMITED v. MEDCHL CHEMICALS AND PHARMA (P) LIMITED, 2002 1 SCC 234.