seema sharma ( manager) 03 January 2013
sir,
i am for a coop society in delhi.it is a thrift and credit society. we have filed a case of s.138 against a defaulter.
now his lawyer is saying that he will call secretary of society as witness/evidence. our secretary comes only in a month in delhi. I mean it is very much troublesome for us if our secretary has to appear in court.
I would like to know whether it is possible to call secretary when power of attorney has been given to authorise representative of the society.
please guide me.
Advocate Rohit (Advocate) 04 January 2013
A witness is a person who is aware of the facts of the case. Thus, POA in such circumstances is not valid.
Person who is being asked to be present as a witness, has to appear in perosn only.
Regards,
Advocate Rohit Dalmia
9324538481
Mumbai
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