company ratifies it. It is urged that there is no valid ratification of the borrowing because the attention of the shareholders was never expressly drawn ... this case is relied upon for the following proposition:
Apart from ratification, the company will be answerable for any property which has come into
still lie, and
3) Whether on the consideration of the question of ratification in view of new decision cited by either of the parties ... action of the Chairman was ratified. What is the effect of that ratification has been a matter of controversy before us. Masish's case
also taken note of this fact and has observed that after ratification there could be no question of the sales being void unless it could ... impugned transactions, it has also referred to the fact of their ratification at a meeting of the share-holders subsequently held in December
valid legal authorisation to do so. Mr. Zaveri submitted that ratification cannot be effected when the rights of the third party is already concluded ... aforesaid submissions two questions arise: (1) Whether there was a valid ratification authorising Naresh Parekh to file the complaint and (2) Whether the learned Addl
looking to
the urgency of the matter, the Official Liquidator will seek
ratification of the action of entrusting the brief.
6. Upon
the present Report ... Court was not taken and
therefore, now the OL has sought ratification at interim stage of the
proceedings. In present application, request for ratification
penalty of dismissal and after
imposing the penalty, he sought for ratification of the
Board and the Board has passed a resolution holding
that ... Board. He further submits
that when the Managing Director sought ratification
from the Board, the Board even without examining the
powers of delegation has erroneously
M/S Square Projects Associates vs The Manager on 31 January, 2022
IN THE COURT
Guidelines as stated above. The company is therefore, advised to obtain ratification in a fresh resolution as is required by clause 13.4.3 of chapter XIII ... which had granted no objection to the appellants subject to 'ratification' of the earlier resolution dated 10/11/2001.
5. The appellants submitted
that they were not authorised ones. that there was
no acquiescence or ratification open or tacit on the part of
the respondent company and that ... make a claim either on account of adoption, estop-
pel or ratification. [1146G-H; 1147A-B]
For negligence to constitute an estoppel. it is neces
whether Ex. P-1 can be taken as the ratification on behalf of the Company for the action taken by the Manager ... complaint and even if it is so, would it be a valid ratification.
7. In order to consider these points, I have to necessarily refer