ashok kumar (Social Worker) 11 February 2014
Certified Copy of POA in 138NIA Case
A Company passes a resolution authorizing the Director to represent the Company in all Court Cases regarding large no of recoveries cases filed by the company. A certified copy of this resolution is exhibited in the Court Documents.
Query 1: Is there anything irregular in doing so? (i.e. filing the certified copy and not the original)
Query 2 : Is there any law/rule which requires that the resolution to be filed in original only?
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 February 2014
SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 12 February 2014
Well it depends on whether he is complainant or accused.
If complainant in most of the cases no body objects to POA its copy whether certified or not.
If accused than there countless no of defects depending on individual cases where the POA can be alleged to to be illegal and can not be enforced .
Advocate Bhartesh goyal (advocate) 12 February 2014
To represent company in court cases,a resolution passed in meeting of Board of Directors is must and .without the said resolution no body can represent company in court cases.Certified copy of resolution is absolutely valid.
ashok kumar (Social Worker) 12 February 2014
At the stage of Cross Examination of the complainant, the counsel for accused insists for the original copy of the resolution. The case being filed 7 years back, the original copy is not traceable!
What is the implication on the case??
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