one bank file recovery matter in co operative court regarding loan given on instrument on our client.
the man who filed case on belhalf of bank as branch officer. he submitted documents like resolution of bank ragarding power to sumit thiscase ,loan agreement ,promissory note etc.
actually he is not working as branch officer inthat particular branch while submission of loan application and disbursment of loan.
now he filed affidavit. in his affidavite he is telling that he identify (knows) signature of our client and two gurantors. actullay not a single signature is done in front of him. In loan agreement paper submitted by bank there is signature of different man , who signed as 'agent' and there is a stamp "in presence of me " on above this signature.
A the branch officer who submit this case also signed as agent
what is meaning by agent ? and what is criteria for agent?
there is no particular name of this person in the resolution sumitted by this branch officer .
the resolution copy having 5-6 persons names with there posts and in front branch offficer there is no name of this person who submitted this case in co operative case.
also this particular manchine in not received by dealer of company to our client .
matter is for cross stage now. which points should be raised ?
Co-operative Registrar is only an Arbitrator. You may raise all your contentions before him as and when he called you b y serving a notice. If you are allowed to cross examine, ask all these matters and let him reply. You can ask whether their byelaws allowed such things.