Authorised signatory acting as p o a in court.
KETAN J SHAH
(Querist) 16 July 2013
This query is : Resolved
Respected Sir's
Landlord has filed an eviction suit against a PVT LTD HOSPITAL. The Directors have appointed one of their relative as Authorised Signatory in the said suit.The defendant has NOT given either General or Specific Power of Attorney to the Authorised Signatory and even then the Authorised Signatory is attending the court signing and receiving the documents.
Now the Landlord has filed Evidence against the defendant. The defendant had to file his 'say' but the Authorised signatory instead of filing the say gave an excuse that the original defendant is out of Mumbai so they need to adjourn the matter till his return.
My question is that can a Authorised Signatory attend the court without the P O A document. Secondly if the Authorised signatory by the way of Resolution passed by the Directors can attend the Court then why people make power of Attorney Documents.
Also please differntiate between Authorised Signatory and Constituted Attorney
Your valuable expert opinion would be highly appreciated.
Thanking you in advance.
Devajyoti Barman
(Expert) 16 August 2013
Yes AR cab do so.
It is the delegation of power which makes AR and POA holder separate.
Raj Kumar Makkad
(Expert) 16 August 2013
I think querist is not serious as he never raised any voice against the non-submission of reply by either of the experts since last one month.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 August 2013
It seems the party is a big landlord and hence posting no of questions in various posts.
However there will be more problems than any solution since your opponent or his advocate may also be reading these posts.
AND again the solutions provided here must be understood by your advocate and put properly before the court.
KETAN J SHAH
(Querist) 16 August 2013
Respected Devajyoti Sir and Makkad Sir,
The Queriest has been asking Questions on this site since a long time and the reason for not raising any voice against the non-submission of reply by either of the experts since last one month was that he was little affraid and thought that by asking queries on fast track may disturb the experts and make them upset.
However the queriest is very happy that the Expert panel noticed the query and replied after so long.
The queriest is very serious about the matters pending in the court as he is the landlord and is in danger of loosing the property and if the Expert panel does not mind then the queriest would persue with asking the questions.
Thanking you from the bottom of the heart for the reply.
V R SHROFF
(Expert) 16 August 2013
POA cannot depose [Supreme Court; unless he hv personal knowledge by his ear & eyes, to depose as a Witness in any Court of Law]
