Application rejected due to Demand notice was signed without proper authority – Accurate Engineering Group Vs. M/S Jekson Machinery Pvt. Ltd. – NCLT Ahmedabad
On perusal of the records it is found that the instant petition is signed by one Mr. Nataraja L. on the basis of the authorisation issued at the meeting of the partners of the applicant company held on 28th September, 2019. It is observed that, in the aforesaid authorisation, at the bottom, date is written as 28.09.2016 which appears to be a typographical error. The demand notice dated 04″‘ September, 2019 issued by the applicant in form 3 (page 33) is signed by one Ms. Jyoti Swarup as authorised signatory and the applicant has not put on record any document authorising Ms. Jyoti Swarup to sign the demand notice. Thus, Ms. Jyoti Swarup has signed the demand notice without proper authority.
Under the facts and circumstances as discussed herein above, the Adjudicating Authority is of the considered view that the application so filed by the applicant is not maintainable and therefore stands dismissed. No order as to costs.
