Power to file a Cheque case
R.Manivasagan
(Querist) 25 February 2011
This query is : Resolved
Dear Sir,
One Company namely X having Corp office at Chennai and having Regional Office at Erode and also having a Branch Office at Salem. a BB borrowed amounts and give a Cheque at Salem Branch and the same was returned. the Head office Board passed necessary resolution and gave power to the Regional Manager to file a case. So, on instructions of the Regional Manager we issued Legal notice. now for the Regional Manager is unable to come to Salem. so, the Board again passed another resolution and authorize the Branch manager to file the cases. now the Court asked us that
Whether the Power given to the Branch Manager is valid, when the Power already given to the Regional Manager is in force ? and asked how the complaint filed by the Branch Manager is maintainable? please give an advice that
1. whether the Power given to the Regional manager has to be revoked ?
2. Or whether the Power given to the Branch Manager is sufficient to file a case ?
3. Whether we can file the case through the Branch Manager ?
urgent advices are needed . Thanks in advance
Parveen Kr. Aggarwal
(Expert) 25 February 2011
It is for the Board of Directors of a company to grant authority for the matters of the company. The Board may simultaneously authorise two or more persons for the same work. No provision of law provides that for authorising a person, the authority previously granted to another person is to be revoked. The power granted to the Branch Manager is valid and the case filed by the Branch Manager is legal.
Advocate Bhartesh goyal
(Expert) 26 February 2011
Yes.Board of Directors of a company may simultaneously authorise two or more persons to file or contest the case and any one of them can file or contest the case on behalf of company.If Branch Manager is authorised by the resolution passed by Board of Directors of company,he can file or contest the case and that is legal.
Advocate. Arunagiri
(Expert) 26 February 2011
Board Resolution is not at all necessary.
The authorization to any body by the Company director is enough to file the case. They can change the authorized person at any point of time by issuing another authorization letter.
Basavaraj
(Expert) 26 February 2011
yes right answer by Aringiri, at any point of time sub-delegation power can be given by authorized person
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 February 2011
Well the co is un natural person and hence has to run through persons.
Your objection will depend whether you are complainant or accused.
R.Manivasagan
(Querist) 26 February 2011
Thank you sir, for you kind replies. Mr.Shashilkumar sir, we are for the Complainant side.
Ajay Bansal
(Expert) 27 February 2011
Agreed with Parveen.
