Notary
Mrs.n
(Querist) 25 February 2013
This query is : Resolved
Dear All,
we filed a case against one australian party in october-2012 at mumbai high court as cause of action was in mumbai.
now the letters patent is also filed in february 2013.
but the now the query have raised on suit and on letters patent petition that notary person must also write the statement that board resolution is seen by notary.
now the suit is dated october -2012 our notary is refusing to write the same.
pls suggest the alternatives.
Khaleel Ahmed
(Expert) 25 February 2013
What case you have filed against australian at Mumbai High Court?
prabhakar singh
(Expert) 25 February 2013
FACTS STATED ARE NOT CLEAR.HOW HAS THERE COME THE ROLE OF OF NOTARY.WHAT DOCUMENT HE HAS ATTESTED.HE CAN NOT JOIN A MEETING BY VIRTUE OF BEING A NOTARY.
BUT IF ANY COPY OF BOARD RESOLUTION WAS ATTESTED BY HIM THEN COULD DO SO ONLY SEEING THE ORIGINAL.
show him original ,only then he can write.
R.K Nanda
(Expert) 25 February 2013
STATE QUERY CLEARLY.
Mrs.n
(Querist) 25 February 2013
Dear Sirs,
Thanks for prompt suggestions..
1) why case in mumbai :-----we were supplier of goods to australian company and there was a breach of contract and the breached documnet was letter of intent which was from australian companies associate from india.hence the jurisdiction is mumbai based on proforma etc
2) plaint was sr. no. notarised and filed in high court in october and letters patent in feb-13 respectiovely.both were se nu.notarised at that time we did not had any instructions that notary page shpuld also have the 4 line written by notary that he has seen the board resolution as person who signed the plaint is employee of company.
3) now we recd instruction that on that notary page the same notary should write this 4 line abt BR and sign ,but our notary is refusing to sign he says notary do not certify such BR statement.dont know why , and i m unable to undertsnad that why high court wants us to have write these 4 line now on the same page instead we cpuld file some other paper on current date .
high court wants notary to write and notary says we can t write its against law .
pls pls suggest
Khaleel Ahmed
(Expert) 25 February 2013
Please note that, Mumbai High Court has no jurisdiction to adjudicate in the matter of breach of contract. you should approach to civil court in this regard.
Mrs.n
(Querist) 26 February 2013
Dear sirs ,
sir this case is composed of so many things like breach of contract , case against director in personal capacity and our claim is more than Rs.1 Crore hence its in mumbai high court.
sir please please suggest on notary problem.
Thanks in advance
Khaleel Ahmed
(Expert) 26 February 2013
File a leave petition with affidavit before the High Court about the refusal of the present notary , the court may pass appropriate order.
It is not your head ache your counsel will guide you all these .
Mrs.n
(Querist) 27 February 2013
DEAR sIR ,
Counsels are telling that in the event of refusal of notary to sign we may have to withdraw the case and file on new date.
Sir actualy the fate of the case is based on date althougg merits are there but still dates are very important and we can not afford to withdraw these.
pls suggest --
Khaleel Ahmed
(Expert) 28 February 2013
Provide me all the scaned copies of your case to my e- mail id mkahmedz@yahoo.com I will advice you what have to do.
