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Anil Saraogi (Advocate)     10 December 2017

Wife proprietor... husband manages business..

Somebody  want to file a Civil suit for Permanent Injuction aginnst an opponent who is unlawfully violating his Duly registered Trademark ..

However, the legal proprietor of business is his wife and he manages the same. 

Wife does not manage.

If the suit is filed.. is the Legal Proprietor (wife) presence is required in Court?


 5 Replies


You are the wife?

Advocate Bhartesh goyal (advocate)     10 December 2017

Husband has to obtain power of attorney from wife proprietor to file suit in court .

Anil Saraogi (Advocate)     10 December 2017

Goyalji.. Thanks.

With the PoA, for all practical purposes the husband can represent the business in court. Right?

The affidavit that needs to be filed with plaint, Application for Temp Injunction, etc can also be filed by the husband. Right?

Anil Saraogi

Advocate Bhartesh goyal (advocate)     10 December 2017

Yes,power of attorney holder has to file his affidavit and all the proceedings of còùrt will also be conducted by poa , principal has to do nothing.

Anil Saraogi (Advocate)     11 December 2017

thanks sir..

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