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Non filing of Authority letter or Power of Attorney in suit

(Querist) 21 July 2009 This query is : Resolved 
Hello friends,

In a suit the plaintiff is a Banking Company. The Branch Manager has not filed the resolution to effect his authority to depose before the court nor any authority letter.

The suit is liable to be dismissed on this count.
Any case laws/citations.
Thanks in advance.
Y V Vishweshwar Rao (Expert) 21 July 2009
Suits by or agaisnt Corporations
Order 29 Rule 1 CPC :-In suit by or agaisnt , a Corporation , any pleading may be signed and verified on behalf of the corporation by the 1- Secretary 2-by any director 3- other prinicipal Officer of the Corporation who is able to depose to the facts of the case!

The Branch Manger is the Principal Officer of the Corporation -unit who is able to depose the facts of the case and he can sign and Verify the peladings on behalf of the Corporation/unit /branch !
G. ARAVINTHAN (Expert) 22 July 2009
in suit by partnership firms or companies, authorisation letter is a necessary thing to be filed and it only gives a person right to sue and to be sued..

Hence now you can file an application to receive additional documents to that effect.
ad. creaminall (Expert) 22 July 2009
visit the website www.lawmiror.com and www.vakil no.1.you will find the citation/s you require
sanjeev murthy desai (Expert) 22 July 2009
Dear Shyamsundar,

Bank Manager should be have the authorisation letter to represent the case otherwise its dissmissed.

sanjeev desai
SHYAMSUNDAR (Querist) 25 July 2009
If any citation plz fwd.
Khaleel Ahmed (Expert) 25 July 2009
The plaintiff banking company must be represented through its Branch Manager only.
There is no need of Power of Attorney.The Branch Manager his self is responsible to sue or to be sued.


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