138 of ni act
adv. rajeev ( rajoo )
(Querist) 31 March 2015
This query is : Resolved
Dear Experts,
Very unique question.
In NI Act cases co., was represented by a complainant who is an employee. In view of the supreme court judgement that NI ACt case transferred to another dist., so co., authorise its another employee who is from the transferred state, resolution is also passed, but whether he can depose before the court because already sworn statement is given by an old employee of the co.,
In my opinion newly authorised person can given an evidence.
Am i correct? If yes or no kidnly send me the judgements.
Devajyoti Barman
(Expert) 31 March 2015
In the context of transfer of the case the new authorised person can depose afresh with the permission of court.
However the company better make the same person face the cross examination.
Dr J C Vashista
(Expert) 01 April 2015
Yes, the newly authorized representative of the complainant company can depose.
SAINATH DEVALLA
(Expert) 01 April 2015
Yes my LR friend Rajeev, can be represented by any employee as an office exists in the place to where the case has been transferred.
Advocate Bhartesh goyal
(Expert) 01 April 2015
Yes new employee of company who has been duly authorised by resolution passed in Board of Director's meeting can depose.
malipeddi jaggarao
(Expert) 01 April 2015
Mr.Rajeev, unanimous advice by all the experts. Company is a separate legal entity. It can be represented by any employee who is aware of the facts of the case backed by proper resolution for such representation.
