ASHOK PAPER MILLS LTD. Vs. BANI GOPAL BASAK

JUDGEMENT

(1.) The facts leading to the present appeal may be summarised in the following way:

(2.) Both the conclusions of the learned trial Court are being challenged in this appeal. The Respondent added another dimension to this dispute by challenging the competence of Mr. Krishna Kanta Kalita who filed this appeal on behalf of the two Appellants.

(3.) In the affidavit accompanying the stay petition Mr. Kalita described himself as Chief Officer (Special Duty) and Company Secretary of the Appellant concern and, as such, a principal officer thereof. It is urged that Mr. Kalita does not have the required qualification as under Sec. 2(45) of the Companies Act, 1956, to be a Company Secretary, that he is not a full -time Company Secretary as required under Sec. 383A of the Act and, lastly, that he has not been authorised by the Board of Directors to file this appeal.