Authorisation to file

Dr C Suresh (Querist) 15 January 2014 This query is : Resolved
If an employee of a Public Ltd Company fails to plead that he is authorised to sign, verify and file and also fails to file any proof of authorisation than is the defect fatal or can the employee file new pleadings to cure the defect

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V R SHROFF (Expert) 15 January 2014
curable in civil matter/
fatal in criminal proceedings.

Dr C Suresh (Querist) 15 January 2014
Thank you Sir

R.K Nanda (Expert) 15 January 2014
STATE FULL ACTS.

Dr C Suresh (Querist) 15 January 2014
Shri Nandaji, A bank filed A WP u 226 in HC against an order of DRAT dismissing the banks claim. In the said WP application banks legal officer did not plead that he is authorised to sign, verify, file. Can the pleadings be cured with additional pleadings or is it fatal.

Devajyoti Barman (Expert) 15 January 2014
Yes, always..

T. Kalaiselvan, Advocate (Expert) 16 January 2014
I agree with the opinion of expert Mr. Barman, it is curable.

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