Written statement without board resolution & limitation
ASHWANI GAGNEJA
(Querist) 23 November 2016
This query is : Resolved
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution. At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks a lot
Devajyoti Barman
(Expert) 23 November 2016
1. Yes this is valid point and you can refer this in argument.
2.This is not clear to me.
Kumar Doab
(Expert) 23 November 2016
Never Acknowledged; SO can be disputed.
On Plain Paper: So can be disputed.
Bar by Limitation: Your own counsel must have advised you.
Your own counsel must have appraised you with his strategy for your case.
Rajendra K Goyal
(Expert) 23 November 2016
Whether their counsel is having proper Vakalatnama signed by the authorized person?
Raise the point in argument.
Limitation of one bill payment in series of bills depend on many factors, discuss with your lawyer.
Rajendra K Goyal
(Expert) 23 November 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Written-statement-without-board-resolution-623601.asp
http://www.lawyersclubindia.com/experts/Written-staement-623766.asp
http://www.lawyersclubindia.com/experts/Written-staement-623786.asp
Kumar Doab
(Expert) 23 November 2016
Why to repeat so many times.
Sankaranarayanan
(Expert) 23 November 2016
Are you raised the same doubt with your lawyer? What his reply?
Rajendra K Goyal
(Expert) 24 November 2016
If not satisfied with the replies in this section, should contact local lawyer for detailed discussion / guidance.
ASHWANI GAGNEJA
(Querist) 01 December 2016
Thank you very much, I will do that
Kumar Doab
(Expert) 01 December 2016
You are welcome.
Kumar Doab
(Expert) 01 December 2016
Further your own counsel specializing in matters at your hands shall advise you appropriately, if the need be, at any point of time in future, for this or any other matter.
While choosing your counsel take help of elders in your family, your family counsel, near and dear ones...........................and avoid pretenders ,abusers....................
We are trying to address it also in many threads e.g;
http://www.lawyersclubindia.com/experts/verification-for-govt-job--624436.asp
http://www.lawyersclubindia.com/experts/I-am-looking-for-clean-lawyer-624476.asp
http://www.lawyersclubindia.com/experts/Problem-with-real-estate-builder-622761.asp
http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp
You may go thru profile of all experts that have participated in this thread and all threads mentioned under Forum/Experts/etc and form your own opinion......................and avoid abusers and those that are loitering many forums to fleece...
