JEENA & CO Vs. INOX WIND LIMITED

JUDGEMENT

(1.) The petitioner as an Operational Creditor" has set in motion the corporate insolvency resolution process under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity, the 'Code') in relation to M/s. Inox Wind Limited (for short, to be referred as the 'Corporate Debtor). The petitioner is a partnership firm registered under the Indian Registration Act. The latest Deed of Partnership is dated 27.03.2004 (Annexure A-7) with five partners, namely Mr. Jehangir Nariman Katgara, Mr. Pallan Adi Katgara, Mr. Cyrus Nariman Katgara, Mr. Sam Nariman Katgara and Mr. Homi Adi Katgara Annexure A-8 is the copy of Register of Firms issued by the Registrar of Firms, Bombay.

(2.) Learned counsel for the petitioner refers to the General Power of Attorney (Annexure A-6) dated 20th June, 2011 executed by three other partners of the firm in favour of Mr. Sam Nariman Katgara and Mr. Homi Adi Katgara authorising them jointly and/or severally to commence, institute and prosecute any action, suit or other legal proceedings civil or criminal and to carry on and continue all such suits and other legal proceedings which are already instituted or hereafter to be instituted in any Court of Law or equity as the Attorney may deem necessary etc. Clause 21 of the said Power of Attorney empowers the Attorney Holder as under:-

(3.) Pursuant to the aforesaid authority, one of the General Power of Attorney holder, namely; Mr. Homi Adi Katgara has executed Special Power of Attorney dated 21.07.2015 (Annexure A-5) in favour of Mr. Balbir Nath Mehanti through whom the instant petition has been filed. By This Power of Attorney, Mr. Mehanti is authorised to file, institute, defend and prosecute, enforce or resist any suit or other action and proceedings, appeals in any court of law, Tribunal, Forum and/or initiate proceedings with respect to all Civil and Criminal matters and to represent the firm before Hon'ble Court in any part of Northern India and Hon'ble Supreme Court.