TORRENT POWER LTD. Vs. SANGHI SPINNERS (I) LTD.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE company petition filed by the appellant in Company Petition No. 120 of 2000 (Ahmedabad Electricity Co. Ltd. v. Sanghi Spinners (India) Ltd. : [2007] 140 Comp Cas 161 (AP)), seeking winding up of the respondent -company was dismissed by the learned company judge. Aggrieved by the same, the present appeal has been preferred. The main ground on which the company petition has been dismissed by the learned company judge is that the appellant was not an authorised person to represent the company and that he had also not filed any material to substantiate that he was authorised by the company to file the company petition and give evidence in the matter.

(3.) LEARNED Counsel appearing for the appellant submits that since the appellant was a company secretary and in terms of Rule 21 of the Companies (Court) Rules, 1959, without even having an authority from the company, he was authorised to file pleadings and give evidence.