Board resolution
Sukrit Kumar
(Querist) 29 July 2016
This query is : Resolved
Can an employee of the Company file affidavit & appear for the Cross Examination without having POA given by Board of Directors' resolution. Will it be null & void there and then only or he can produce it after the cross.
Dr J C Vashista
(Expert) 30 July 2016
The employee may file affidavit but it would be demolished in the very first question by opposing counsel, inter alia that,
"Have you been authorised by the company"? The answer will be nothing else than "NO". Where does the witness stand?
R.K Nanda
(Expert) 30 July 2016
He cannot do it without poa.
Kumar Doab
(Expert) 30 July 2016
Your own counsel would have already advised you.
Hope you are satisfied.
Sukrit Kumar
(Querist) 30 July 2016
I thank you very much all the leaned lawyers for the valuable guidance.
Can please send me a link to any judgement in a similar case.
Thanks & Warm Regards.
Sukrit
Rajendra K Goyal
(Expert) 30 July 2016
Link Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
Kumar Doab
(Expert) 30 July 2016
Your own counsel shall suggest on need of citations and choose if required.
Guest
(Expert) 30 July 2016
Mr. Sukrit Kumar,
You seemed to have posted your vague query assuming, as if the judge of the case is deaf and dumb and would allow any tom, dick & harry to render evidence on behalf of a company!
Please give full description of your problem, if you really have any, for appropriate solution.
Guest
(Expert) 31 July 2016
Mr. Sukrit Kumar,
For general cases of common sense, judgments are not required. Moreover, not being a lawyer, what would you do with any judgment?
If you want solution to your problem, better give full descriptiption of the problem, if you really have any.
Kumar Doab
(Expert) 31 July 2016
The original query has been replied to the fullest.
The 2nd query has also been replied to the fullest.
Nothing is pending from the query.
Your own counsel can help you further.
DR.VEDULA GOPINATH
(Expert) 31 July 2016
Company is a legal person and hence to be represented by natural persons by way of Board resolution or power of attorney . Board can give an authroisation to manager who is also vested with the pwoer to sub-delegate.
It need not be expected that all the employees should be duly given power of attorney and When GM or Co Sec is authorized that authorized person can authorize another officer to represent the company in a court of law.
For each and every representation, there need not necessarily be a Board resolution and that basing on the circumstances, it can be assumed that POA is given to a particular person by a Board authorized resolution , it appears to be sufficient.
In a hypothetical example if a company is having many factories and many offices, all employees dealing with legal cases need not be authorized by the Board. The GM or CEO shall authorize the particular employee to represent the company before legal authorities as his authority includes SUB-DELEGATION.
cs dr vedula gopinath advocate/arbitrator
