Can principal file civil application before hon'ble court after execution of power of attorney?
Sadanand B. Panchal
(Querist) 05 December 2012
This query is : Resolved
Respected Experts,
One Co-operative Housing Society is a party Respondent in First Appeal and the matter is of dispute of land ownership.Appeal was admitted and pending.Pending the Appeal the Society executes Power of Attorney in favour of the Developer in order to redevelop land and for reconstruction of building of Society. The Society (Principal) has given power to file suits, proceedings, civil Applications before Hon'ble Courts to the Developer. Thereafter the Society itself files Civil Application before Hon'ble Court suppressing execution of POA and obtains order in consent minutes from all the parties in First Appeal. The POA Developer then submits such order of consent minutes to the corporation and obtains Commencement Certificate.
My query is whether the said Society has any Power to file Civil Application in pending matter before the Hon'ble High Court even after it itself has already had given Power to developer to file legal proceedings before Hon'ble Court? Can obtaining such order in Civil Application be treated as fraud and liable to be declare as null and void?
Please kindly resolve this query as this fact is true and happened without my knowledge from which I am suffering badly.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 05 December 2012
Dear Panchal! Even after giving POA, the rights of Principal do not get extinguished. This fact can also be brought in the knowledge of the POA holder that such and such job has already been done by Principal so he need not to intervene there.
Sadanand B. Panchal
(Querist) 06 December 2012
Respected Sir,
Kindly see your respected opinion "This fact can also be brought in the knowledge of the POA holder that such and such job has already been done by Principal so he need not to intervene there." In this matter here I am not concerned with Principle and POA. Both the parties in collusion misrepresented the Hon'ble High Court and Hon'ble High Court supposed that the Principal was the owner of land and passed the order and deprived rights of Appellants and "other occupants in the land including me who were not party to the First Appeal."
Why should I go to POA? In my mind I am willing to complaint Hon'ble High Court as how Principal has file such Civil Application. Kindly get my aim of query. I respect your answer. After diligent search I could not found any Judgement of Court in the matter where Principal had file legal case even after he had given his own right to file case to POA. If anybody has such Judgement please provide me the citation.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 06 December 2012
You should post the loss occured to you by such filing by Principal instead of his POA. Had POA filed the same litigation before High Court on behalf of his Principal, what loss would you have suffered?
Sadanand B. Panchal
(Querist) 07 December 2012
Respected Expert,
First Appeal pending for dispute of ownership of land against 1) brother of appellant 2)Society. Throughout the entire proceedings the Society remained Silent without filing W.S. in original Suit. Thereafter society appointed C.A (POA)for redevelopment.
In spite of this Society Principal taken out CA in FA making new pleadings for first time that Society is owner of whole land despite pending dispute. Hon'ble Court also without looking the matter and passed order in consent minutes of all parties to develop entire land including area of our chawl(TDR). Kindly read and please give suggestion.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 07 December 2012
Panchal! In the light of subsequent given facts, it seems that the society has taken a stand which was unheard earlier. This gives you a write to rebut its latest stand by filing a counter affidavit but the basic question raised by you in the given matter do not suit and thus there seems no material effect of perusing the case by principal instead of POA.
Sadanand B. Panchal
(Querist) 09 December 2012
Respected Experts,
The Society constitutes its POA. POA Developer then approved Plan for reconstruction of old building and also obtained I.O.D. wherein name of owner as "C.A. to XX Society".In spite of this thereafter Society files Civil Application in FA and obtains fraudulent permission to develop the entire land from Hon'ble High Court. As per your respected view Principal after constitution of POA can sign, affirm Proceedings of Civil Application in person(Treasurer). Then what was provision for appointment of POA?
Sorry if I am wrong to view your advice.
Please understand my query.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 09 December 2012
Panchal! This is a fraud on the part of society which has suppressed the material fact from Hon'ble High Court so by bringing this fact to the kind knowledge of High Court, you can definitely can get the order cancelled.
A criminal case under section 340 of Criminal Procedure Code can also be initiated against the society.
Sadanand B. Panchal
(Querist) 15 December 2012
Respected Expert Sri Raj Kumar Makkad,
Thanks for your response and advice. I personally inquired to the office of the Registrar General of Hon'ble High Court but I could not found any concerned office which resolve the complaints regarding the fraud in the Judicial proceedings.
Kindly inform me how to file complaint to the Hon'ble High Court as I am third party to the First Appeal.If any body cannot complaint to the Hon'ble High Court as such which proceedings can be initiated in this matter?
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 15 December 2012
You shall have to file application under section 340 Criminal procedure code there with the help of your lawyer. No any office rather direct High Court deals such matters. This application shall be put before the same bench upon which the earlier petitioner had made fraud.
