Board resolution
sharat pathak
(Querist) 23 February 2018
This query is : Resolved
Hi sirs,
Pl guide me on the fact that can a company registered under companies act 1956 defend a civil suit without board resolution authorising its CEO and MD to authorise someone to be legal represantative. or is it necessary for the company to have put on record board resolution/ minutes of meeting/ article of association.
if No is answer for above query then will the suit be decided in favor of plaintiff.
V R SHROFF
(Expert) 24 February 2018
Being a Company/ & Commercial Query, Consult Local Advocate.
Over and above; you must have hired Advocate for filing suit in court, so why don't yu ask him..
We Advocates do not interfere in matters w/o NOC. from original Adv.
B.Chakrapani Warrier
(Expert) 24 February 2018
Board resolution is necessary, otherwise court can reject the suit.
sharat pathak
(Querist) 24 February 2018
dear mr Shroff i have no lawer defending my case. i am contesting it at my own.ni respect your thoughts
sharat pathak
(Querist) 24 February 2018
Thanx Mr Warrier for your response. in this case i have filed a suit against company and they have not filed board resolution/ minutes of meeting or article of association. its not my fault why would cort dismiss my suit. their pleadings should not be accepted. pl clarify.
P. Venu
(Expert) 24 February 2018
It appears that you have not disclosed the facts. Has the suit been dismissed?
sharat pathak
(Querist) 24 February 2018
no the suit is not dismissed. i filed a recovery suit against a company xyz. to which the company is contesting. this xyz company has not filed board resolution or minutes of meeting or the article of association. so can i ask court to not to give any value to companys pleadings as they are not properly authorised.
P. Venu
(Expert) 24 February 2018
Your priority should be on meeting the issues on merits. Has the company filed the Written Statement? Who has affirmed it? In which capacity?
sharat pathak
(Querist) 24 February 2018
company has filed written statement. it has appointed an legal representative through its md and ceo. the case is at evidence stage. company is ltd company.
i really appreciate your true intention to help me that to by remaining in ethical framework of your profession. its really commendable. and rare to see
Advocate Bhartesh goyal
(Expert) 24 February 2018
Non filing resolution passed by Board of Directors is irregularity and not illegality.this defect is curable.Suit can not be decreed on such ground.For getting judgment/decree in your ( plai�tiff ) favour,you need to prove your case by cogent evidence.
