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ridz2809   31 August 2015

Is company resolution needed to file affidavit of evidence?

My query is whether Board resolution or letter of authority is required for filing of an affidavit of evidence ?? relevant provisions would be of great help.


 4 Replies

ROHIT SHARMA (Legal Advisor )     31 August 2015

A company is a legal entity and if it is required to be represented in matter of litigation before the court then the representaive who would be appearing and filing the say needs to be identified and vested with such powers through a resolution of the Board of directors. The representaive would be deemed as a authorised agent and for that he would need to submit such P.O.A. u/order 3 Rule 2 of C.P.C., 1908.

Ms.Usha Kapoor (CEO)     27 August 2016

Dear Client,


               Company's  Board of Directors approval or authorized representative alone has the  authrity  to file an affidavit evidence in a court of law including  company law  bench, which  has all  the  trappings of  a civil court. Special Resolution is not mandatory.

Law Aspire (Legal)     17 September 2016

Resolution of Board for authorising a Company representative is asked by court 

Ms.Usha Kapoor (CEO)     01 October 2016

Accpording to a Delhi High court Decision delivered on 3rd June 2011 in Baker Dil Tools(India)LPvt LTD Vs.Baker Hughes Ltd & Anr A Key  part o fJudgement I'm reproducing here.

"It is well saettled that under Section 291 of The Companies Act, 1956 except where express provision is made that the powers of a company in respect of a particular matter are to be exercised by the company in general meetings, in all other cases the Board of Directors are entitled to exercise all its powers and to do all such acts and things, as the company is authorized to exercise and do. Individual Directors have such powers as are vested in them by the Memorandum and Articles of Association of the company. In Nibro Limited vs. National Insurance Co. Ltd. 41 (1990) DLT 633 this Court had drawn a clear distinction between the authority to sign, file and verify the suit and the authority to institute the suit. Referring to the provisions of Order 3 Rule 1 and Order 29 Rule 1 of the Code of Civil Procedure, the Court in the said judgment in the following paras held as under:- "10. It will be useful to reproduce the two provisions of the Code of Civil Procedure, namely, Order 3, rule 1 and Order 29, rule 1, on which the plaintiff relies." If you appreciate this answer please click the thank you button on this forum.

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