Authorised signatory acting as power of attorney holder in the court
KETAN J SHAH
(Querist) 18 July 2013
This query is : Resolved
Respected Sirs,
The Landlord has filed eviction suit against PVT LTD HOSPITAL in small causes Court.
The Directors of the Pvt Ltd Hospital have appointed one of their relatives as their Authorised Signatory by passing a Resolution. This A S attends the court and signs all the documents,plaints, W S .
Recently the Landlord filed Evidence and the 'Say' was to be filed by the Hospital.However the A S did not sign the 'Say" on the pretex that the Directors were not present in Mumbai.
The question is wether the Authorised Signatory can attend the court in this manner or Power of Attorney document is required for attending the court.
Please give your valuable opinion.
Thanking you in advance
Devajyoti Barman
(Expert) 18 July 2013
No fresh appointment is needed. The earlier resolution would do.
R.K Nanda
(Expert) 18 July 2013
POA document is needed to attend court.
Rajendra K Goyal
(Expert) 19 July 2013
Agree with expert RK Nanda ji, POA needed for attending the court.
KETAN J SHAH
(Querist) 19 July 2013
Respected Sirs,
Thankyou for your valuable opinions.
Since the Authorised signatory is attending the court without a proper power of Attorney document what action can the landlord initiate against the A S and if the Directors refuse to give their power of Attorney to their relative who is the A S then what action court can take apart from the Directors being asked to attend the suit proceedings personally.
Your valuable opinion would be an added benefit to the Landlord.
Thanking you in advance.
V R SHROFF
(Expert) 01 August 2013
POA cannot depose, unless have his personal knowledge of facts in evidence as witness
KETAN J SHAH
(Querist) 03 August 2013
Respected Sir's,
Thank you for your valuable opinions.
As you say the POA cannot depose unless have his personal knowledge of facts in evidence as witness Please clarify this as the meaning is not understood.
The Authorised signatory of the Defendant has signed all the documents right from the filing of suit. What action can the court take on the defendant
Please give your valuable opinion
Thanking you in advance.
