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coop society secretary as a witness in s.138

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sir,

  i am for a coop society in delhi.it is a thrift and credit society. we have filed a case of s.138 against a defaulter. 

now  his lawyer is saying that he will call secretary of society as witness/evidence. our secretary comes only in a month in delhi. I mean it is very much troublesome for us if our secretary has to appear in court.

I would like to know whether it is possible to call secretary when power of attorney has been given to authorise representative of the society.

please guide me.

 
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Advocate

A witness is a person who is aware of the facts of the case. Thus, POA in such circumstances is not valid.

 

Person who is being asked to be present as a witness, has to appear in perosn only. 

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 
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