PARBATI DASGUPTA Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The appellant/petitioner claims to be a contributor and former Director of Solex Fasteners Pvt. Ltd., now in liquidation. In such capacity the appellant filed an application under section 466 of the Companies Act, 1956 for permanent stay of an ex parte winding up order dated 30th January, 2002, and/or for recall of the order dated 14th August, 2001, admitting the winding up petition filed allegedly on behalf of the respondent No. 2, which was rejected by the Company Judge by his order dated 31st July, 2002.

(2.) The main ground for the stay application was that the winding up petition had been affirmed by one Shri Ajoy Dalan, purportedly in his capacity as the constituted Attorney for the respondent No. 2, Lokenath Jeloka, who had not been heard of since 1989 and was legally presumed to be dead having regard to the provisions of section 108 of the Indian Evidence Act, 1872. It was the case of the appellant/petitioner that Shri Ajoy Dalan, being fully aware of the fact of Lokenath Jeloka's death, had fraudulently made use of the Power of Attorney executed in his favour by Lokenath Jeloka to file the winding up petition.

(3.) Apart from the above, various other objections were also taken, but ultimately by an order dated 31st July, 2002, the learned Company Judge dismissed the application for recalling of the order dated 14th August, 2001, without deciding the question regarding the maintainability of the winding up petition itself at the instance of Shri Ajoy Dalan on the basis of the Power of Attorney executed in his favour by Lokenath Jeloka.