Ultra vires article of association can be pleaded in high court
CA HIMANSHU DHABALIA
(Querist) 01 September 2013
This query is : Resolved
ORIGINAL LANDLORD CONVEYED THE TENANTED PREMISES IN THE NAME OF PVT LTD COMPANY 1980. IN 1989 THE COMPANY ENTERED THE LEASE AGREEMENT BY REGISTERED LEASE DEED WITH LESSEE. NOW LESSEE IN 1995 FILED EVICTION SUIT FOR ARREARS OF RENT. IN REPLY BY DEFENDANT THE LEASE DEED AND LANDLORD TITLE DENIED AS RESOLUTION PRODUCED WAS NOT EXHIBITED AND HENCE NOT PROVED. HOWEVER THE TRIAL COURT AND APPEAL COURT REJECTED AND PASSED DECREE. NOW WHEN MATTER IS IN HIGH COURT IT IS LEARNT THAT AS PER ARTICLE OF ASSOCIATION COMPANY HAD SPECIFICALLY RESTRICTED TO ENTER LEASE DEED. SO THE QUESTION IS CAN THIS POINT BE ARGUED AS ULTRA VIRES UNDER COMPANY LAW AND LEASE DEED IS VOID BY OPERATION OF LAW PLEASE REPLY AS THE ISSUE IS FOR TWO SENIOR CITIZENS
Devajyoti Barman
(Expert) 01 September 2013
No new question of fact can be raised for the first time in the appellate court.
You have to apply for amendment of plaint for this which would depend upon the discretion of court.
Rajendra K Goyal
(Expert) 01 September 2013
No new question of fact can be raised at appellate stage.
prabhakar singh
(Expert) 01 September 2013
Query contains a lot of contradictions of facts;then so would be the case also.
Raj Kumar Makkad
(Expert) 03 September 2013
Your query itself is self-contradictory. Better to follow the advice of your lawyer.
