bhuushan bankar (advocate) 17 December 2010

irrevocable Power of attorney

if POA holder dies who is the office bearer of the company( defendant)then once the plaintiffs argued the point in his injunction application (not mentioned in prayer caluse of injunction application) but argued orraly and same has been delt with by the trail court that that the POA is valid can the defendants take out another application before the trail court and rejected by the trail court appealed in high court can there a elelment of res judicata as plaintiffs have pleaded orraly in his argument and same has been rejected in the order of injunction by the trail court . any judgment kindly send as soon as possible thanks

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 17 December 2010

You can urge the fact in the high court. Have you preferred any appeal against the order on rejcting your application in the high court?

bhuushan bankar (advocate) 17 December 2010

i am for the defendant and plaintiffs application for the validity of the POA of the defendants M.d. was challenged was rejected by trail court plaintiffs moved appeal before high court H.C. of the view that this is the first time plaintiffs moved this application has the plaintiffs ever prayed this (validity of POA) during the pendency of the suit and was rejected. this issues has been dealt with in the injuction application of the plaintiffs by the trail court that was not challenged (held by trial court POA is valid)this is separate application (cahllenging the validity of the POA)moved by the plaintiffs rejected by the trail court now appeal pending in HC