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Madhu Mittal (Director)     15 May 2025

Additional authority to director in same case apart from manager (recovery) of same company

A Private Limited Company has given  authority letter to its Manager (Recovery), to represent the company and take all necessary action in the interest of the company, in court cases filed by the company in the commercial court and trial court(both civil and criminal)  singed by the Manager (Recovery) on behalf the company, now the number of court cases have increased, as it is not possible for the Manager (Recovery) to attend all the hearings, both in commercial court and trial court(both Civil and Criminal) on the same day. Now the company wants to appoint or give additional authority to one of its director in addition to the Manager (Recovery), so that in the situation where the Manager is busy in the trial court(both civil and criminal) hearing, the director can attend the hearing  and sign on behalf of the company (where in the plaint the Manager (Recovery) had signed on behalf of the company) in the commercial court while not revoking the authority of the Manager (Recovery).

Please let me know is it possible to give additional authority to Director of the company in the same case?

If yes, please let me know any citation on this?



 10 Replies

P. Venu (Advocate)     15 May 2025

The query is too broad to suggest any menaingful suggestion. All that could be stated that it is not necessary that authorised person be present in Court except when deposing as a witness. And the person who gives evidence ought to be in the direct know of the facts. He cannot parrot the evidence based on hearsay.

T. Kalaiselvan, Advocate (Advocate)     15 May 2025

If the manager is burdened with too many cases then the company in its another meeting for this purpose can authorise another representative to handle few other cases which eventually can be withdrawn from the responsibility of the manager in the resolution passed in the same meeting and the copy of the resolution as well as fresh authorisation letter may be filed in the concerned court to replace the existing representative.

Anything in this regard is to be done following the prescribed procedures of law unless it will become fatal to your own case.

Dr. J C Vashista (Advocate )     16 May 2025

It is internal decision of the company to authorise "X" "Y" Or "Z" to proceed in their recovery case(s), however, it is not a legal query for consideration and obligation of experts on this platform. 

Madhu Mittal (Director)     16 May 2025

Respected Sirji,

Thanks for attending my query. I require the guiadance that whether Suppose there are 100 cases. So whether more than one person can be authorised in all cases, that if one person Mr. X is busy with one court case, another person Mr. Y can represent for the private limited company in court. in another words suppose Mr. X, whose authorisation given in court,  is on leave, whether another employee can represent company with the authorisation letter, that in addition to Mr. X, Mr. y is also authorised to attend the court cases, whenever Mr. X is on leave or busy in another court case. Thanks in advance for clear guidance.

T. Kalaiselvan, Advocate (Advocate)     16 May 2025

The company has to resolve this alternate arrangement in its meeting and may have to authorise the chosen representative in writing, which should be submitted to the court as an additional representative to the case from the company side.

However the court would require the company to file an amendment petition to amend the cause title to accommodate the new representative to represent on behalf of the company. 

These are all practical issues, which can be guided properly by your own lawyer as per the prevailing practice in the oucrt where the cases are going on, hence you may discuss with your lawyer.

I don't think your company will be having 100 cases, it has different business to take care and not only attending litigation hence do not try to exaggerate the figures for the purpose of getting opinions from this forum

Dr. J C Vashista (Advocate )     17 May 2025

How you are concerned with the facts posted vis-a-vis your queries ?

Presumption of facts  (starting with ".....suppose there are 100 cases....." further you have stated ".....suppose Mr. X, whose authorisation given in court,  is on leave,.....") make the query a fabricated and time pass story.

Madhu Mittal (Director)     17 May 2025

With due respect to all who attended my query, it is neither time pass theory nor I deserve accusation of not having about100 cases.

So please guide what is required due to practical problem. From the guidance of this forum, many a times, my practical problems are solved.

Thanks in advance for any further guidelines on the subject point. 

T. Kalaiselvan, Advocate (Advocate)     17 May 2025

You have been properly guided by many experts of this forum.

If you are still not satisfied, you may engage any expert of this forum privately or consult a local lawyer on the terms of the chosen lawyer

Dr. J C Vashista (Advocate )     18 May 2025

I fully agree with the advise of  Mr. T Kalaiselvan and other learned senior experts who have contributed to guide and oblige you.

Even otherwise, it is a commercial query, ethically you must have engaged your own lawyer instead of seeking obligation of experts meant for needy litigant(s) on this platform.

It is better to consult and engage a local prudent lawyer with relevant records for proper appreciation of facts, professional advise and necessary proceeding.

Madhu Mittal (Director)     18 May 2025

Respected sir Vashishta sirji,

Once my query is called time pass one, again it is called commercial query. But due respect to everyone,  it is legal practical query. As far as law is concerned, every one should be guided properly.


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