Board resolution

SUKRIT KUMAR (Querist) 18 May 2017 This query is : Resolved
We are Agra based company. We had filed a Civil suite for recovery of dues from a Delhi based Company. The defendant filed the Written Statement without authorisation from the Board of Director's resolution. Our lawyer did not file the objection nor did the learned judge in the High Court noticed it. Even at the time of Cross examination, their employee did not produce the Board Resolution inspite of asking my junior lawyer. I believe that their lawyer/s don't have the authorisation. My new lawyer has filed a request for additional issues in this regard. Case is in arguments stage. Can we raise these issues at this stage.Guidance & advice from all of you will
will help us a lot.

Thanks & Best Regards

Sukrit

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Hemant Agarwal (Expert) 18 May 2017
1. Argument stage starts, AFTER the Trial proceedings are over (Documentary evidences, Witnesses .... ). Hence no new Trial procedure would be allowed to be conducted. HOWEVER at the discretion of the Trial judge and with the consent of both the parties new evidences may be allowed, subject to certain parameters.

Keep Smiling .... Hemant Agarwal
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Adv. Yogen Kakade (Expert) 19 May 2017
I agree with the expert.

Rajendra K Goyal (Expert) 19 May 2017
Agree with the expert.

Kumar Doab (Expert) 19 May 2017
Agree with expert.

Dr J C Vashista (Expert) 20 May 2017
Move an application to the Court before settlement of issues i.e., pronouncement of judgment/order. The Court will have to dispose of the application either way, thereafter, proceed accordingly.