# In the matter of ABM Rubber Industries Pvt. Ltd. CP(IB)-07-GB-2019

> NCLT judgment dated 2019-07-11. Citation: TCN-2019-NCLT-02558. The case originates from an application filed by Machinery Agencies, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 11 Jul 2019
- **Citation:** TCN-2019-NCLT-02558
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/abm-rubber-industries-pvt-ltd-cpib-07-gb-2019-2ba84d40

## Summary

### Background

The case originates from an application filed by Machinery Agencies, the Operational Creditor, against ABM Rubber Industries Pvt. Ltd., the Corporate Debtor, under Section 8 & 9 of the Insolvency & Bankruptcy Code, 2016. The Operational Creditor's application was found to have a copy of the Power of Attorney that was not authenticated.

## Facts

Machinery Agencies filed an application as an Operational Creditor against ABM Rubber Industries Pvt. Ltd., the Corporate Debtor, under Section 8 & 9 of the Insolvency & Bankruptcy Code, 2016. During the hearing, the court observed that the copy of the Power of Attorney submitted by the Operational Creditor was not authenticated. This lack of authentication was a critical issue because it affected the validity of the application. The court then directed the Operational Creditor to submit an authenticated Power of Attorney within seven days. The case was then listed for further hearing on 2019-07-18.

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is valid without an authenticated Power …

**Ratio:** A valid Power of Attorney is essential for an authorized representative to act on behalf

…

**Reasoning:** The court reasoned that the absence of an authenticated Power of Attorney casts doubt on

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**Interpretation:** The interpretation is that procedural compliance, including proper

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**Application:** In this case, the lack of authentication of the Power of Attorney meant that

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## Parties

- **Judges:** Jinan…
- **Appellants:** Machinery A…
- **Respondents:** ABM Rubber…
- **Advocates:** P.K. Jew…; B.K.…

## Timeline

- **2019-07-11 — Order Da…**: Date of the order where the court directed the Operational Creditor to submit an…
- **2019-07-18 — Next Hearin…**: The case was listed for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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