Giving GPA by one Limited Company to another Limited Company
KANDE VENKATESH GUPTA
(Querist) 27 November 2008
This query is : Resolved
Whether "X" a Company incorporated under the Companies Act can appoint "Y" another Company Incorporated under the Companies Act represented by its Manging Director, as the General Power of Attorney, to institute and sign the pleadings in a suit againt "Z". I am appearing for the Defendant in the similarly situated circumstances. Please help me with the decided cases or your valuable opinions either on my mobile, post or e-mail so that I can draft the written statement. Now the matter stands posted to 5-12-2008 for W.S.
Thanks in advance,
Yours,
Venkatesh Gupta K.
Advocate,
H.No: 1-1-16/1/2/A
Jawaharnagar, RTC Cross Roads
HYDERABAD - 500 020
Ph.No: 27650240/9885808021
Mail: venkateshgupta_kande@yahoo.co.in
PH:
Manish Singh
(Expert) 27 November 2008
the language of the Power of Attorney Act nowhere exludes any legal entity to be any others' attorney since it says "person" and "inter vivos".
But in practicality its not possible for a company to file or sign etc any document since again it needs to delegate the powers under the Powers so given i the POA. so the PoA is never given to any person other than human being (adult)
Murali Krishna
(Expert) 27 November 2008
Dear Gupta,
Power of attorney can be given to any 'Person' under power of attorney Act. (Sec 2 of the Act). A company is a person, juristic. Hence, power of attorney can be given by one company to another. There is no illegality.
Manish Singh
(Expert) 28 November 2008
the matter of dispute is that if you give POA to any company or so, it cant use those powers on its own since it again needs to delegate those powers to some human being that means the POA needs to mention that the said powers can be delegated to any other person on the comp ny's discretion. so why not to give the POA drectly to soe human being for clarity in actions.
