Order 23 CPC

Gowtham (Querist) 27 May 2010 This query is : Resolved
Please let me know to withdraw a suit filed by the company in Kolkata courts do we need a specific Board resolution for with draw that Specific suit or an affidavit by GPOA representing the company will suffice.

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Raj Kumar Makkad (Expert) 27 May 2010
Affidavit of GPOA representing the company shall suffice.

Devajyoti Barman (Expert) 27 May 2010
Yes any withdrawal of suit by the company through its representatives requires validly passed Resolution by the Board of Directors so that the concerned person is properly authorised to withdraw the same. In which particular court the same is to be withdrawn as the courts in Kolkata is very particular with regard to withdrawal of suits and it does require some typical formalities.

G. ARAVINTHAN (Expert) 28 May 2010
A resolution to be passed. But no need to file the same.

Can file a memo regarding the resolution and can withdraw the suit

Surrender K Singal (Expert) 28 May 2010
There could be a clause in the original GPOA itself empowering him even for withdrawal !

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