Is a Board Resolution authorizing one of the Directors to defend an eviction suit and sign and verify a written statement mandatory?
I am the Plaintiff in an eviction suit. Whether I can point out this defect to the Court and whether the Court can strike out the defence or alternatively frame an additional issue? The matter is at the stage of cross-examination (cross has not yet commenced).
The defendant company is grossly non-compliant with Companies Act provisions. Only 1 Director is alive and company has not filed annual returns since 2005 and the company is defunct. In no circumstance could the company have convened a board meeting and authorized a Director to defend the suit.
Thanks in advance!