Research › Search › Judgment

Andhra High Court · body

2015 DIGILAW 64 (AP)

HDFC Bank Ltd. , rep. by its Dy. Manager Kishen Singh v. Apex Encon Projects Pvt. Ltd. , rep. by its Managing Director

2015-02-09

C.V.NAGARJUNA REDDY

body2015
Judgment :- This Company Application is filed for setting aside Order, dated 11-06-2014, in Company Petition No.60 of 2013, and for restoring the Company Petition to its file. A perusal of the record shows that this Company Application is filed by the Counsel himself based on the affidavit filed by him. Under Rule 21 of the Companies (Court) Rules, 1959 (for short ‘the Rules’), every petition shall be verified by an affidavit made by the petitioner or by one of the petitioners, where there are more than one, and in case the petitioner is a body corporate, by a Director, Secretary or other Principal Officer thereof and such an affidavit shall be filed along with the petition and shall be in form No.3. In the present Application, the affidavit signed by the authorized officer, as envisaged under Rule 21 of the Rules, is not filed. Moreover, though, in the cause title, the petitioner’s name is shown, the same is filed by the Advocate himself with his signatures. The procedure followed by the petitioner and permitted by the Registry is contrary to Rule 21 of the Rules. Unless the petition is prepared in the name of the petitioner and supported by an affidavit of the petitioner, the petition for restoration filed by his Counsel cannot be entertained. This Company Application is, therefore, dismissed with liberty to the petitioner to file a fresh one in conformity with Rule 21 of the Rules. The Registry is directed not to entertain the Company Applications of this nature filed by the Counsel on behalf of their clients in future.