N.i.act
SAANJAAY GUPTAA
(Querist) 24 February 2013
This query is : Resolved
Can a manager of A pvt. ltd company can also represent B Pvt.LTd company same time before the court of law on strength of board resolutions and Power of attorney in both cases.
Anirudh
(Expert) 24 February 2013
Dear Mr. Sanjay,
It is perfectly valid. There is no restriction of any kind whatsoever.
R Trivedi
(Expert) 24 February 2013
private Limited Company is a dejure complainant, it needs a natural person to represent in front of court proceedings. There is no dispute that any Director or employee of the Pvt Limited Company may be authorized to represent the company.
But mostly a manager in A Pvt Limited will be a stranger in B Pvt Limited, such people can be witness if they are personally conversant with some relevant facts, but if he is made complainant then defense will surely raise the issue of his competence. I am not confident that under Ni Act, where complainant needs to be a specific person under law unlike in any other criminal offense, this will be easy.
V R SHROFF
(Expert) 24 February 2013
A manager of A pvt. Ltd company CAN also represent B Pvt.Ltd. company same time before the court of law on strength of board resolutions and Power of attorney in both cases.
ANYBODY HAVING PERSONAL KNOWLEDGE OF THE TRANSACTION CAN REPRESENT A CO. AS IT'S POA.
However, if POA has no personal knowledge of transaction, he cannot depose, or lead evidence [SC]
R Trivedi
(Expert) 24 February 2013
I fully agree with Mr shroff that a POA who has no personal knowledge cannot give evidence, but I will add, a POA holder can become the complainant, a man behind the complaint and he can give evidence only with respect to validity of POA, evidence will have to be led by witness as per evidence act only.
Honorable Supreme Court has ruled that a subsequent attorney also cannot give evidence, that means only the attorney who has carried out some transaction in pursuance to this GPA, can give evidence with resepect to this transaction, not some different attorney.
prabhakar singh
(Expert) 24 February 2013
THE RULE OF EVIDENCE IS QUITE SIMPLE.
IF I PERSONALLY KNOW A FACT I CAN DEPOSE.
BUT IF I HEARD A FACT TO EXIST FROM 'A' THEN NOT I BUT 'A' CAN ONLY DEPOSE.
IT SHALL PREVAIL EVEN IN CASES WHERE THERE IS NO INVOLVEMENT OF ANY POA.
SUPPOSE ONE OWNS PROPERTY IN INDIA BUT LIVES IN AMERICA.SOME ENCROACHMENT IS MADE BY Z OF WHICH IS KEPT INFORMED.HE RUSHES BACK TO INDIA FILES A SUIT AGAINST Z AND WRITES A POA FOR PARVI OF THE CASE AND GOES BACK.THE PLAINTIFF IN THIS SUIT IS NOT THE WITNESS OF ENCROACHMENT BY Z,ONLY ONE WHO SAW Z DOING SO WOULD BE THE WITNESS.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 February 2013
Yes sir but this simple rule is ignored and not taken care of by most of the DEFENSE ADVOCATES.
In any cheque bounce case if the complaint is filed by a POA the accused can come out easily surely and simply on this rule alone.
There is another beautiful angle about POA for which a ruling was given SIXTY YEARS back by Madras High court and now confirmed by SC but it can be exploited by the accused depending on the matrix of the case.
R.K Nanda
(Expert) 24 February 2013
yes, he can do it.
RAJU O.F.,
(Expert) 25 February 2013
If both companies specifically issued POA in the name of one person for the purpose of proceeding the said case, on behalf of each company, then he can proceed accordingly.
