9911796707
TMI Blog2023 (2) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 30.01.2018 and 23.07.2018 and that of the Revisional Court dated 26.09.2018. 3. The appellant-company, M/s.Mita India Pvt. Ltd. awarded a contract to the respondent - Mahendra Jain for shifting of 33 K.V. electrical overhead line at its plant at Dewas. In connection with the said contract, the appellant-company by mistake made excess payment. The respondent agreed to refund the excess amount and issued two cheques to the appellant-company for its refund. The cheques were dishonoured on account of instructions "stop payment". 4. The appellant-company through its authorised representative Ripanjit Singh Kohli filed a complaint in the Court of Chief Judicial Magistrate, Dewas under Section 138 read with Section 141/142 of the Negotiable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s perfectly legal provided he has due knowledge about the transaction (s) in question; ii) Power of attorney holder can depose and verify on oath to prove the contents of the complaint if he has witnessed the transaction; iii) The complaint filed through power of attorney holder must contain an assertion/ that he had the knowledge about transactions in question; iv) Functions under general power of attorney cannot be delegated to another person without a specific clause permitting the same in the general power of attorney. v) The affidavits of complainant, his witnesses or his power of attorney holder are permissible and sufficient for taking cognizance on the complaint; and vi) The complaint by power of attorney holder on behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ful attorney of the same. 11. The said power of attorney explicitly authorises him to appoint "counsel" or "special attorneys" for conducting all cases or otherwise to do all other acts and things for due prosecution or defence of legal or quasi legal proceedings anywhere in the world. 12. The aforesaid power of attorney Kavindersingh Anand, on the strength of the aforesaid power of attorney, authorised Ripanjit Singh Kohli to lodge the aforesaid complaint. 13. The law is settled that though the general power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation. A careful reading of the general power of attorney would reveal that the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecution of cases on behalf of the appellant-company. This apart, the power of attorney holder was appointed under the resolution of the board of directors of the appellant company and the draft of the power of attorney was duly approved by the board. The said power of attorney as discussed above do provide for the sub-delegation of the functions of the general power of attorney holder and thus the filing of the complaint on behalf of the appellant company through its authorised representative Ripanjit Singh Kohli is not at all illegal or bad in law. 14. Now coming to the second aspect of the matter as to whether Kavindersingh Anand could depose on behalf of the appellant company, it has to be noted that he was one of the directors of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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