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TMI Blog2014 (4) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfied, an opportunity ought to have been granted to the appellant-Federation to place the document containing authorisation on record and prove the same in accordance with law. In spite of arbitration award against the respondents, there was non-payment of amount by the respondents to the appellant-Federation, and also in the light of authorisation contained in Annexure–P/7, we are of the opinion that, in the facts and circumstances of the case, an opportunity should be given to the appellant- Federation to produce and prove the authorisation before the Trial Court, more so, when money involved is public money - Matter remanded back - Decided in favour of appellant. - Criminal Appeal No. 833 of 2014, Arising Out of Special Leave Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents. On failure of the respondents to pay the amount within the stipulated time of 15 days from the date of receipt of the notice, the appellant-Federation filed complaints under Section 138 and 140 of the N.I. Act read with Section 420 of the Indian Penal Code, 1860 (for short, the I.P.C. ) against the respondents. The said complaints were dismissed by the Judicial Magistrate vide order dated 07.02.2001 and the appeals filed against the said order were dismissed vide impugned judgment dated 18.06.2007, solely on the ground that the authorisation was not produced by the complainant-appellant. 5. - 6. It is submitted by the counsel for the appellant-Federation that in fact there was an authorisation from the Board of Dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) To institute, conduct, M.D. Full Power defend, compromise, refer to arbitration and abandon legal or other proceedings and claims and also to file appeals, revisions, review petitions and executing by and against the Federation and also to engage lawyers for that purpose from time to time. ii) To give general power of M.D. Full Power attorney to any person / officer for conducting the cases in Courts etc. (B) Financial Administration 25 o Category B xx xx xx 7. Learned counsel for the appellant-Federation further submitted that it is in pursuance of the above-said d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant-Federation was not placed before the Courts below. But, we may notice that a specific averment was made by the appellant-Federation before the learned Judicial Magistrate that the said General Power of Attorney has been filed in connected case being CC No. 1409/1995, which has neither been denied nor disputed by the respondents. In any case, in our opinion, if the Courts below were not satisfied, an opportunity ought to have been granted to the appellant-Federation to place the document containing authorisation on record and prove the same in accordance with law. This is so because procedural defects and irregularities, which are curable, should - 12. not be allowed to defeat substantive rights or to cause injustice. Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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