Power of atorney

Querist : Anonymous (Querist) 18 November 2011 This query is : Resolved
A mill has filed 138 N.I. on me thorugh his manager who has beeen given the power to represent. But 1 year before he has resigned from the mill and he is misleading the court that he is still there. He was paid P.F and since 1 year he is not entitled to that, I am not having official proof but I have got a phone recording in which the present mill staff is saying that he has resigned. Now the case is for argument. How to tackle this. And whether his Power of Attorney is valid.

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prabhakar singh (Expert) 18 November 2011
Unless POA mentions a clause that on resignation of job by POA,it shall stand cancelled then unless the principal who has executed the POA cancels it,it is valid.

s.subramanian (Expert) 18 November 2011
If he has been given the power in his capacity as the Manager, the same gets terminated on his resignation. He cannot continue to represent on the basis of the said power of attorney deed. You verify the recitals in the said power deed and convince your self in this regard. then you can file an application before the court challenging the locus standi of this person to continue to represent the complainant in the said case.

M.Sheik Mohammed Ali (Expert) 18 November 2011
yes, i do agree experts query reply

ajay sethi (Expert) 18 November 2011
it would depend upon the wordings of power of attorney .
you can during arguments mention that he has left company 1 year back .do you have any means to substantiate that the POA has left the company

Sankaranarayanan (Expert) 18 November 2011
yes i do agree with mr prabhakar singh and subramanian

Rajeev Kumar (Expert) 18 November 2011
I too agree with Prabhakar sir and subramanian

Shonee Kapoor (Expert) 18 November 2011
Ld. Mr. Prabhakar has rightly advised.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 18 November 2011
I agree with view of Shri S.subramanian, which clearly states that If he has been given the power in his capacity as the Manager, the same gets terminated on his resignation. He cannot continue to represent on the basis of the said power of attorney deed.

Devajyoti Barman (Expert) 22 November 2011
Yes I agree.

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