Authority to file proceedings.
Gopal Krishnan
(Querist) 10 August 2014
This query is : Resolved
APPELLANTS WHO ARE REGISTERED PARTNERSHIP, FILED APPEAL. MR ABC CLAIMING TO BE A PARTNER SIGNED THE APPEAL AND VERIFIED IT. ON SCRUTINY OF CERTIFICAATE OF REGISTRATION ISSUED BY THE ROF AND PRODUCED BY THE APPELLANTS, IT IS FOUND MR ABC IS NOT
PARTNER AND HIS NAME DOES NOT APPEAR IN THE
LIST OF PARTNERS. APPELLANTS HAVE NOT TAKEN ANY STEPS TO CORRECT THE MISTAKE OR TO GIVE ANY EXPLANATION FOR MR.ABC FILING THE PROCEEDINGS WHO HAS NO AUTHORITY. MY QUESTION IS WHETHER THE COURT SHOULD OUT RIGHT DISMISS THE APPEAL OR GIVE AN OPPORTUNITY TO THE APPELLANTS TO RECTIFY THEIR MISTAKE ?
Devajyoti Barman
(Expert) 10 August 2014
Highlight this issue in appeal. On this ground alone the appeal is not likely to succeed.
malipeddi jaggarao
(Expert) 11 August 2014
There are many points available to the partnership firm to counter your defence. Wait and see.
Dr J C Vashista
(Expert) 11 August 2014
@ Gopal Krishanan
How you are concerned with the appeal?
Although it is a professional query yet I agree with the expert Mr. Malipeddi Jaggarao.
ajay sethi
(Expert) 11 August 2014
in your appeal highlight the fact that person who has signed the memo of appeal is not authorised to sign the pleadings .
Rajendra K Goyal
(Expert) 11 August 2014
Raise the same before the court, would be decided after hearing counter on your claim.
Gopal Krishnan
(Querist) 11 August 2014
Mr.Malipeddi Jaggarao, I will be obliged if you tell me some points available to the Partnership to counter my defence. Dr.J.C.V.Si, I am concerned in the appeal as I am oroginal defendant and now respondent
Thanks for further advice. Gopalkrishnan
Y V Vishweshwar Rao
(Expert) 13 August 2014
1-Appeal filed by one person claiming to be Partner-His name is not found in List of Partner with ROF- The admission of New Partner/ Person who filed appeal is not in the records of ROF - It may be put on record /by filing List of Partners before ROF with delay and Delay Fee
2-A Civil Proceeding filed by a person with out any authority /or/proper Authority - is a defect which can be rectified/cured with leave of the court- By Authorizing him with effect from the inception of proceedings with the permission of Court .
Gopal Krishnan
(Querist) 13 August 2014
Thank you sir, Mr.Y.V. Vishweshwar Rao.
Point 1. I checked up and got confirmation that there is NO change in partnership till this day and signatory to the appeal and application for condonation of delay is NOT a partner, but he claimed to be partner and committed perjury.
Point 2. Suit was filed in 2000 and dismissed after 14 years. The person who filed the suit, signed the plaint and affidavits was never a Partner, but falsely claimed to be the partner and is guilty of PERJUY.
Sir, a bonafide defect can be rectified/cured. It is not so in this case.
In my humble opinion. either a partner or a person duly authorised by the partners, say C.A. alone has authority.
Sir, I will be obliged if you can give some case law on the subject.
Gopal Krishnan
