R P Nagrath, Member - (1.) Mr. Alok Kumar Kuchhal, Advocate for the petitioner. Mr. Pradeep Nauharia, Advocate for the respondent.
(2.) Having heard the learned counsel for the parties, it is apparent that the resolution of Board of Directors dated 01.05.2017 does not give specific authority for filing of the petition under Insolvency and Bankruptcy Code, 2016. Notice of this defect to the petitioner and learned counsel appearing on behalf of the petitioner accepts notice and seeks time to file a fresh resolution. It is directed that fresh resolution with affidavit of the Authorized Representative of the company be filed within seven days. However, the fact whether fresh resolution would amount to rectification of the resolution already passed is kept open to be decided on merits.
(3.) Reply has already been filed by the respondent, copy of which in advance was supplied to the learned counsel for the petitioner. List the on 06.11.2017 for arguments.;